We are trying as hard as we can to help resolve cases as quickly as possible, but our operations have been affected along with all Australian workplaces. You may find that your case takes longer than normal to process. We have recovered millions of dollars in compensation for employees.
Settlements achieved in over of cases ;. A dismissal occurs when your employment is terminated at the initiative of your employer, or the employer has forced you to resign. Unfair Dismissals Australia Pty Ltd. A dismissal will be unfair if it was harsh , unjust or unreasonable and was not a case of genuine redundancy and if employed by a small business , was not in accordance with the Small Business Code.
What are the requirements for a fair dismissal? What is the process for unfair dismissal claims? The Fair Work Commission (the Commission) decides on cases of unfair dismissal. Applying for unfair dismissal. Employees have to apply to the Commission within days of the dismissal taking effect.
The day period starts the day after the dismissal. If you think you have been unfairly dismissed you need to contact the Commission as soon as possible. The two applicants had been shop managers who shortly before dismissal had been moved from employee status to independent contractor status.
They were found to be employees at the time of dismissal on the basis that the independent contractor arrangement was a sham not genuinely intended by the applicants or the respondent. (more…)