Being the victim of unfair dismissal is a burden many Australians have to endure. However, our country is vague when it comes to ensuring these people of their rights. So, if you believe you are the victim of unfair dismissal then it’s important to know that you do have legal options in your corner!
The most reputable employment disputes lawyer Sydney has available will be more than happy to provide you with sound legal advice at this time. This will include a range of vital tips that include, but are not limited to, the following:
- Be aware of your employer’s dismissal procedure
When it comes to dismissal, your employer has the obligation to prove that it was fair and just. Unfair dismissal cases typically stem from the employer failing to follow the right dismissal procedures (they are generally won through this, too!). By identifying and tracking your employer’s process (including a document stating reasons for your dismissal which must be completed within 14 days of request) you will be able to tell if the dismissal was justified and if your employer followed due process.
- Identify the process
Produce a written statement of the dismissal, starting from the top and working your way throughout the process with as much detail as you can remember. It’s vital to note the details whilst they are still fresh so that you don’t forget or become confused about them later on. Producing a documented account of everything will help you put these events into order and help your legal representative pinpoint any faults in your employer’s procedure.
- Provide your legal representative with copies
The most trusted employment disputes lawyer Sydney has will request copies of everything, including your contract of employment, your statement, handbooks, written correspondence and everything else you have that may impact the hearing in your favour.
- Look for new work
Although unfair dismissal can be deterring, it is important to start looking for new work in order to show that you do want to be in the workforce. So, it is important to start applying for similar jobs and jobs in your geographical area to prove that you actually did experience an unjustified loss of income through the unfair dismissal. Many people lose out on money through this aspect as they were unable to prove that they wanted to work, were looking for work and lost income as a result of having to find new work.
- Don’t wait to take action
You only have six months to make your claim. Whilst this may initially seem like a long time it can easily slip away from you if you have been procrastinating over the stress of it. What’s more, you may have quickly found a new job and have downplayed the importance of making this claim – this can make time swing by very quickly when it comes to getting on top of this important process.
So, it is always best just to put yourself into gear and get to work on claiming what is rightfully yours – due payment for unfair dismissal! Whilst this can at first seem a little daunting, remember that you have sound legal aid at your disposal. They will be more than willing to guide you through the process, help you organise your documents and organise the process of documenting what actually occurred with your employer’s procedure.
