Getting unfairly dismissed is a distressing situation that can damage both your financial security and reputation. Dealing with an unfair dismissal requires support from a legal professional who understands the complexities of employment law. At WGC Lawyers, our employment lawyers in Cairns can help you determine the eligibility of your claim and provide legal representation for you if required. Learn more about your rights as an employee and the legal process.
Making an Unfair Dismissal Claim
Unfair dismissal is when an employee’s role is terminated in a manner that’s considered unreasonable, unjust or harsh. This can relate to the reasons for dismissal or the procedure that led up to it. A workplace lawyer in Cairns can provide specific advice on relevant industrial, federal and state employment laws. How you commence your claim depends on whether your employment is covered by the Fair Work Act 2009 or the Industrial Relations Act 2016.
If you are employed in the private sector in Queensland, you are covered by the Fair Work Act and must pursue your industrial relations issues through the Fair Work Commission. If you are employed by the local or state government or any of their subsidiaries, you will be covered by the Industrial Relations Act (Qld) and need to pursue your claim through The Queensland Industrial Relations Commission.
Getting Legal Assistance
It can sometimes be difficult to know which laws or processes apply to your situation and what your rights and obligations are. There are different rules about who can and cannot apply. In order to make an unfair dismissal claim, you must:
- Be covered by a modern award, or
- Be subject to an enterprise agreement, or
- Have a salary that doesn’t exceed a defined maximum threshold, and
- Have been employed for longer than 12 months if the business has fewer than 15 employees, or 6 months in other cases.
An employment lawyer can help determine which laws are relevant. They can also inform you on whether anything unlawful has occurred and what your chances are of making a successful claim.
Get in Touch With Our Employment Lawyers in Cairns
Strict time limits apply when making an unfair dismissal claim, so it’s important to act quickly. Contact a workplace lawyer in Cairns today at WGC Lawyers for legal advice and assistance with an unfair dismissal case. Call us today on 07 4046 1111 or contact us online.