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Unfair Dismissals

Get a Fair Go

Workers are protected from arbitrary, unfair, and unjust treatment in the workplace. This extends to dismissals/terminations, workplace investigations and disciplinary processes.

To be eligible for an unfair dismissal claim, under the Fair work Act, the effect of the dismissal must have taken place no longer than 21 days ago and you must have been employed for a period greater than six months as at the time of your dismissal.   Your salary must also be below the earnings threshold of $162,000.00 per annum.

Once an application is made within time, the Fair Work Commission must determine whether the dismissal was unfair, unjust, unreasonable, or harsh. In making its determination, the Commission must consider the following:

  • Whether there was a valid reason for the dismissal.
  • Whether you were adequately notified of that reason.
  • Whether you were given the opportunity to respond to the purported reason.
  • Any refusal by the employer to have a support person present to assist at any discussions relating to dismissal.
  • Any other matter which has specific relevance.

If your salary is greater than $162,000.00, you may still have a cause of action under your employment contract or at common law.

If you have been dismissed and you consider that the dismissal was unfair, unjust, unreasonable, or harsh, you must act quickly as the 21-day deadline is strict and often cannot be overcome if missed Karlos Lawyers are expert litigants and skilled negotiators; we act quickly and take a no-nonsense approach.

You only get one chance to set the record straight; contact Karlos Lawyers today.

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At Karlos Lawyers, we pride ourselves on our ability to provide real world advice. We back you in your time of need. Contact us today, tell us a little bit about your situation and let our team of experts guide you on where to from here.

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(May not be applicable to all dispute and may be subject to terms and conditions)

Not only do we back ourselves; we back you. You have suffered enough, and we know now is not the time to be worried about legal fees. That is why we offer many of our services on a No Win, No Fee basis. It costs you nothing to know where you stand. You have nothing to lose and everything to gain. Contact Karlos Lawyers today!

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