Termination of Employment (Employees)

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There are a number of factors which make a dismissal unfair. If you have been terminated because of your conduct, you should always receive details of any allegations against you and should always have an opportunity to put your side of the story to those allegations.

Tindall Gask Bentley has a team of experienced lawyers that can provide you with comprehensive advice and guidance on your employment matter or workplace injury.

Unfair Dismissal

There are a number of factors which make a dismissal unfair. If you have been terminated because of your conduct, you should always receive details of any allegations against you and should always have an opportunity to put your side of the story to those allegations. Except in situations involving very serious misconduct, you should always receive a clear warning explaining that if you continue with a particular course of conduct then your employment will be terminated.

In general, casual workers are not able to make a claim. However, recent cases suggest that both part-time workers and casual workers who have worked regular shifts over a period of time may have the ability to bring an application for unfair dismissal.

If your employment has been recently terminated and the dismissal was unfair, you may be entitled to bring proceedings before the Fair Work Commission or appropriate State Tribunal. You are entitled to claim for compensation or you can also apply to be reinstated to your old position or to be placed in another position with your employer.

We recommend that you seek advice on your individual circumstances.

Redundancy

If you have been terminated for redundancy, there are a broad range of factors to consider and we therefore recommend that you obtain advice on your employer’s selection criteria for redundancy and the level of any redundancy payment.

Generally the amount payable will depend on the numbers of years you have worked with the organisation and it is important to make sure that your redundancy payment amount is correct.

If the amount paid was incorrect or the redundancy does not meet the required standard for a genuine redundancy than you may be able to make an unfair dismissal application. An experienced workplace lawyer will be able to guide you through these steps to ensure you are not the victim of an unfair redundancy.

We recommend that you seek advice on your individual circumstances.