If you believe that you have been treated unfairly by an employer and would like to file for compensation, your first challenge is to determine whether you are eligible. Do you seek financial compensation or want to sue for damages to your reputation? The first step is to contact an employment lawyer Cairns workers can trust, who will establish your eligibility within the framework of the Fair Work Commission (FWC).
What is an Unfair Dismissal?
The FWC uses the following criteria to determine whether an individual is eligible for an unfair dismissal payout:
- If there was harsh, unjust, or unreasonable treatment
- The dismissal was not a genuine redundancy
- If the employee was working in a small business and the dismissal goes against the Small Business Fair Dismissal Code
The FWC will consider the case as presented by your workplace lawyer and determine whether there was a valid reason for the dismissal due to the employee’s capacity or conduct. If the employee was notified of the reason and given a chance to respond to it, the dismissal may be deemed justified.
How Much is the Payout?
Unfair dismissal compensation can vary greatly depending on the specifics of the case. Some plaintiffs simply want a chance to resign with dignity instead of being dismissed, while others may be eligible for damages up to $50,000.
The median payout for unfair dismissal in approximately $8 704, while the maximum compensation will be the lower of the two amounts calculated, as follows:
- Half of your most recent annual wage.
- The FWC’s compensation cap, which as of 2022 stands at $79 250. Keep in mind that this figure changes annually.
The unfair dismissal payout will be reduced if:
- Financial loss due to dismissal cannot be established
- There were clear conduct issues
- The employee played a significant role in their dismissal
Contact an experienced workplace compensation lawyer to get the best possible result.
Experienced Workplace Lawyer Cairns
For a free consultation with a workplace lawyer Cairns employees have always relied on, contact WGC Lawyers today. Our approachable and motivated team of lawyers will help you submit a compelling case and ensure that you get the compensation you deserve under the FWC’s guidelines.