Unfair Dismissal Lawyers Melbourne | Velos & Velos Lawyers

Unfair Dismissal Lawyers Melbourne help employees wrongfully dismissed

As unfair dismissal lawyers in Melbourne, we provide expert advice and representation if you believe you have been wrongfully dismissed from employment.

What is Unfair Dismissal?

Unfair dismissal happens when an employee is terminated without a fair reason or without following the correct process. It can include dismissals that are:

Harsh: Excessively severe or disproportionate to the alleged misconduct.

Unjust: Based on false or insufficient evidence.

Unreasonable: Lacking a rational basis or involving unfair procedures.

Common examples include termination of employment without warning, lack of proper investigation or discriminatory reasons. This can consist of unjustified claims of poor performance or exceptional circumstances.

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Federal and State Laws Governing Unfair Dismissal

Fair Work Act 2009 (Commonwealth)

The primary legislation governing unfair dismissal in Australia is the Fair Work Act 2009. This federal law applies to most employees in Victoria, covering the following key points:

Eligibility: To be eligible to make an unfair dismissal claim, an employee must have completed a minimum employment period of six months (or 12 months for small businesses with fewer than 15 employees).

Grounds for Dismissal: The dismissal must be harsh, unjust, or unreasonable. This includes considering whether there was a valid reason related to the employee’s capacity or conduct, whether the employee was notified of the reason and whether they had an opportunity to respond.

Small Business Fair Dismissal Code: For small businesses, compliance with this code can provide a defence against unfair dismissal claims.

Equal Opportunity Act 2010 (Vic)

In addition to the federal Fair Work Act, the Equal Opportunity Act 2010 (Vic) is a crucial piece of state legislation in Victoria that addresses discriminatory dismissals. Under this act, it is unlawful for an employer to dismiss an employee based on protected attributes, such as:

Gender

Race

Disability

Religion

Sexual orientation

Discriminatory dismissal claims can be brought before the Victorian Equal Opportunity and Human Rights Commission.

Steps to Take if You Believe You’ve Been Unfairly Dismissed

Seek Legal Advice from Velos & Velos Lawyers

If you believe you have been unfairly dismissed, seeking legal advice is crucial. An employment lawyer can help you understand your rights, evaluate your case and guide you through the process.

Lodge a Claim with the Fair Work Commission

The Fair Work Commission is the national workplace relations tribunal responsible for handling unfair dismissal claims. You must lodge your claim within 21 days of the dismissal. The Commission will assess the merits of your case and may schedule a conciliation meeting to help resolve the dispute.

Prepare Your Evidence

Gather all relevant evidence to support your claim. This can include:

Employment contract

Correspondence with your employer

Performance reviews

Witness statements

Any documentation related to the dismissal

Attend Conciliation or Hearing

The Fair Work Commission might schedule a conciliation meeting to help both parties reach an agreement. If conciliation fails, the case may proceed to a formal hearing where both sides can present their arguments.

Consider Discrimination Claims

If your dismissal involved discriminatory practices, you can lodge a complaint with the Victorian Equal Opportunity and Human Rights Commission. This process can be pursued concurrently with your unfair dismissal claim.

If you think you’ve been unfairly dismissed from your employment, the first step is to get expert advice from Velos & Velos Lawyers to determine if you have a valid claim. With over 40 years of experience in employment law, we can help legal advice and representation. Use the Contact Us link below or phone (03) 8379 1000 to schedule a consultation with our team of experienced unfair dismissal lawyers in Melbourne.

Overview

Unfair dismissal is a serious issue that affects many employees in Victoria, Australia. Understanding the protections provided by both federal and state laws is essential for anyone facing wrongful termination. The Fair Work Act 2009 and the Equal Opportunity Act 2010 offer robust frameworks to ensure employees are treated fairly and justly. If you believe you have been unfairly dismissed, take immediate steps to seek legal advice, gather evidence and lodge a claim with the appropriate tribunal. By doing so, you can protect your rights and work towards achieving a fair resolution.

For more information and assistance, consider consulting an employment lawyer or contacting the Fair Work Commission and the Victorian Equal Opportunity and Human Rights Commission.

Contact unfair dismissal lawyers in Melbourne

If you think your termination of employment has been unfair, contact Velos & Velos Lawyers as we provide expert advice and legal services. Contact our experienced unfair dismissal lawyers in Melbourne – experts in workplace law and unfair dismissal laws – for an initial consultation.

Please use the contact link below or telephone us on (03) 8379 1000 to urgently get in touch with us today.