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We understand the challenges and stress of facing an unfair dismissal claim. Our experienced team is here to offer expert advice and strong representation to defend your rights effectively. We are dedicated to guiding you through every step of this complex process, ensuring you have the necessary support and resources to challenge an unfair dismissal successfully.
Karena Nicholls
Partner
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Unfair Dismissal Claims
Unfair dismissal refers to an employment dispute when an employee has been dismissed from their job in a harsh, unjust or unreasonable manner. These types of claims can also include when an employee claims they were forced to resign or that redundancy was not genuine. If the employee has a successful claim, they will be entitled to remedies such as compensation or reinstatement.
If you have been notified by the Fair Work Commission of an unfair dismissal claim lodged by a previous employee, it means that they believe you or your company may have terminated their employment unfairly. This application means they have commenced legal action and are seeking a remedy for their dismissal. You have the right to respond to the claim, which may include the reasons you disagree with the application. Obtaining legal advice regarding your response provides you with certainty that all possible risks to your business are addressed and managed effectively. The Coutts Employment Law team understand the urgency of these situations and will assist you in a timely and efficient manner providing comfort that your matter is in good hands.
Limitations to Unfair Dismissal Claims
There are limitations for making a claim, which include length of service, employment status, the nature of the company and statutory time limitations. Employees have 21 days from the date of dismissal to file a claim, and employers must respond to any application within 7 days. There may be an exemption to the time limitations in exceptional circumstances. To ascertain whether you fit within the limitation period or can apply for an exemption, please contact us at Coutts so we can assist.
IMPORTANT: An employee can only bring one claim either through unfair dismissal or general protections/adverse action.
How can Coutts help you?
Navigating the complexities of unfair dismissal claims demands a thorough understanding of employment law. At Coutts, our Employment Law team are experts in guiding you through the process with precision and expertise. If you’ve received notice of an unfair dismissal claim from the Fair Work Commission, it’s crucial to respond effectively. Our dedicated professionals can help you craft a strong response, outlining your perspective and addressing the claim’s allegations. With potential remedies such as compensation or reinstatement at stake, engaging lawyers who understand the complexities of employment law is essential. Do not let unjust claims disrupt your business – contact Coutts today to safeguard your interests.
What to Expect with Coutts Lawyers
Step 1: Initial Contact
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts lawyer / Conveyancer to discuss the specifics of your matter and desired outcomes.
Step 3: Information & Legal Advice
Share all related documents and information. Your lawyer / Conveyancer will review everything, clarify aspects as needed, and then advise on the best action course.
Step 4: Action Plan Development
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Step 5: Implementation
Execute the action plan, addressing a range of legal scenarios as necessary.
Step 6: Resolution & Closure
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer / Conveyancer will outline any final actions or considerations.
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Introducing Karena
Your Compassionate Lawyer
Meet Karena, a Partner at Coutts Lawyers & Conveyancers, and the head of our esteemed Injury Compensation and Employment Law teams. With over two decades of experience in the field of Insurance Law, Karena’s passion, dedication, and client-focused approach have established her as a leading authority in compensation and employment law.
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Unfair Dismissal FAQ’s
An unfair dismissal occurs when an employee is let go from their position in a manner that is deemed harsh, unjust, or unreasonable. This can also encompass situations where an employee believes they were compelled to resign or if a redundancy wasn’t genuine.
If you’ve received a notification from the Fair Work Commission regarding an unfair dismissal claim lodged by a former employee, it indicates they believe their employment was terminated unfairly. This is the commencement of a legal action. It’s crucial that you seek legal advice for preparing your response. Our team at Coutts can provide expert guidance in this regard.
Yes. Employees have a 21-day window from the date of their dismissal to file a claim. Upon receipt of a claim, employers are required to respond within 7 days. Exceptions may apply in certain circumstances.
No. It’s imperative to note that an employee can only bring forth one claim, either through unfair dismissal or general protections/adverse action.
Should an unfair dismissal claim be upheld, employees might be entitled to various remedies, including compensation or even reinstatement to their position.
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