An employee has certain legal rights on how their employment can be terminated by their employer. If you believe that you have been sacked for something unreasonable or if there is no justification for it then your dismissal can be claimed to be unfair. As an employee you have every right to claim a compensation or some other remedy.
However it is also important that you meet the eligibility requirement. Your employer needs to make a justified claim on why they have terminated your job. If you think that the reason is unjustifiable and that you have been unfairly dismissed then you can definitely file for unfair dismissal.
There is a special employment tribunal which only deals with employment law cases pertaining to unfair dismissal and discrimination claims.
Why should you consider making and unfair dismissal claim?
When you file and unfair dismissal claim you will receive compensation for the losses that you have incurred. You might even be reinstated in the position that you lost or re-employed for a similar job.
Also filing a claim allows you to get justice. A successful unfair discrimination claim allows your employer to see that their actions have been unreasonable and they should not have fired you. Not seeking justice would result in no outcomes. Hiring a qualified and specialized attorney to conduct your case would allow you to gain the recognition and the compensation that you deserve.
Who can claim for unfair dismissal?
In order to know whether you can file for unfair dismissal it is important to know whether you are meeting the eligibility requirements. These include the following
- In order to be eligible you need to be an employee and not a contract worker
- it is necessary that you should have been employed by the company for a continuous to your period
- If you believe that you have been unfairly dismissed
Most of the employment law rights are associated with your employment status. An employee is someone who has entered into a contract of employment. Usually these contracts are present in writing and you may have signed a copy when you started working.
When considering whether you have been dismissed unfairly you need to ensure the reason behind your dismissal and whether that reason was unfair. It is important that your employer should provide you with the written statement of why you have been dismissed. It is crucial that you request such a statement from your employer so that it can be used as an evidence in case of an unfair dismissal claim.
If your employer has given false or inaccurate reasons the employment tribunal would be able to determine the actual reason for the dismissal and judge whether it has been fair or not.
When you hire employment solicitors in Gold Coast to represent you for unfair dismissal you should make sure that they have the necessary experience in dealing with such cases. Dismissal cases can be won on the skill with which your lawyer handles the case. This is why it is so important that you choose your legal representative after a whole lot of deliberation.