Employment Dispute Lawyers for Employers — Melbourne, Sydney & Brisbane

What is an unfair dismissal claim in Australia?

In Australia, an unfair dismissal claim is a formal application made to the Fair Work Commission alleging that a dismissal was harsh, unjust, or unreasonable. The Commission assesses whether there was a valid reason, whether fair process was followed, and whether the outcome was reasonable.

How can I defend against a workplace injury claim?

To defend yourself against a workplace injury claim, you should primarily review the facts of the incident and gather all available evidence, witness statements, safety records, and incident reports. You should also ensure compliance with workplace health and safety obligations. The workers’ compensation insurer must also be notified immediately because failure to do so can affect your insurance coverage. Further, you must get expert advice from a workplace injury lawyer to understand your rights and guide you through the worker compensation process.

What are my obligations as an employer when terminating an employee?

To terminate an employee in Australia, the following are the legal obligations that you must abide by:

• Have a valid reason for the termination.
• Provide the employee with an opportunity to respond to any concerns.
• Follow a fair and documented process throughout.
• Serve correct notice to the employee under the applicable award or contract

If you fail to meet these obligations, it can result in an unfair dismissal or adverse action claim under the Fair Work Act 2009 (Cth) against you, despite the fact that there was legitimate, reasonable ground for dismissal.

Can I be penalised by Fair Work Australia?

Yes, you can be penalised, and the penalties can be significant. The Fair Work Commission and Fair Work Ombudsman have broad powers in terms of investigation and enforcement. Penalties apply per contravention, which means they can result in quick accumulation. The common breaches for which employers are penalised include:

• Underpayment of wages or entitlements
• Taking adverse action against an employee for exercising a workplace right
• Failure to comply with Fair Work Commission orders
• Sham contracting arrangements

For corporations, penalties per breach can reach tens of thousands of dollars. If your business is under investigation or has received a notice from the Fair Work Ombudsman, you must get legal assistance.