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Apr 9, 2024 · I was given no notice or any indication that the business was having financial issues. I have had a consultation with a lawyer who said I have a case and should apply for unfair dismissal. The lawyer has already charged me $1650 for a phone call and a few emails and will charge $5500 to help with the application and conciliation.
Mar 20, 2015 · Unfair Dismissal and the Fair Work Commission - LawAnswers.com.au Blog If you don't fall under the Federal laws, there will be State based laws that apply to you. If you do, you have 21 days from the date of your dismissal to make an application to the Fair Work Commission.
Jul 18, 2017 · Hi, I have a legal question regarding my ongoing matter. I won my Order at Fair Work Australia through Unfair Dismissal :) The Respondent (employer) did not pay the Order :( Now the Ombudsman became the applicant in a new matter at the Federal Circuit Court, for 'breach of Order'. The Hearing...
Mar 9, 2016 · Unfair dismissals include situations where your dismissal is harsh, unreasonable or unjust, however not if it is a genuine redundancy. Small businesses of less than 15 employees, must comply with the Small Business Unfair Dismissal Code.
Nov 7, 2014 · If you do initiate an unfair dismissal claim and 'win' at conciliation (by obtaining a settlement) or at arbitration (hearing) then generally you would be precluded from another action as you would normally enter into a deed of release preventing all and any further claims. So you are usually best to decide between the two. Hope that helps.
Jun 6, 2015 · The determination requires detailed knowledge of the business and events leading up and immediately following the redundancy notice. My limited experience with redundancies is that unless it is an obvious and poor attempt at trying to hide an unfair dismissal that you can prove, then the redundancy will be deemed to be genuine.
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Oct 29, 2015 · Two articles on unfair dismissal can be found here: Employment Law Changes Employers Need to Know - Legal Blog - LawAnswers.com.au Unfair Dismissal and the Fair Work Commission - Legal Blog - LawAnswers.com.au Also an article regarding suspensions: Employee Rights – Suspensions, Stand downs and Shutdowns - Legal Blog - LawAnswers.com.au
Aug 23, 2016 · Unfortunately, I recently had to self-represent in an unfair dismissal case. (I am not a lawyer but know a bit about the law). Before the hearings began, the Respondent's lawyer called me and said he would like to make a Without Prejudice offer on behalf of his client. However, his "offer" was...
Oct 20, 2018 · Working only 4 months means unfair dismissal is off the table. She may have a general protections claim, but realistically you will be unlikely to receive much even if successful. Might be better to get a good reference and if that fails then consider whether action is worth the aggravation. You will only have 21 days from date of dismissal to ...