Unfair Dismissal?

Can I take back my resignation?

Typically, an employment agreement exists between an employer and an employee, whether it is an oral or written contract. Employment terms can otherwise be found in awards or enterprise agreements.

Resignation is a termination of the employment agreement at the initiative of the employee.  A resignation will be valid where there is an unequivocal intention by the employee to no longer be bound by the employment agreement. This is best effected in writing and with appropriate notice as required by the agreement or industrial instrument.

I’m a whistle-blower, am I protected by the Fair Work Act?

What is whistleblowing?

There is no universally accepted definition of whistleblowing. The term is typically used to describe the conduct of an employee who reveals information about an improper or detrimental act committed by their employer or colleague.

When is an employer liable for false and misleading statements to an employee?

When trying to fill a vacant role it is common for employers to want to present the opportunity in only the most favourable light. Poaching an employee from a competitor with outlandish promises might be tempting. What are the consequences?  The potential legal issues in doing so were recently considered by a judge of the Federal Court of Australia in a case raised by McDonald Murholme Solicitors for Ms ‘R’.

Am I eligible to make an unfair dismissal application?

The Fair Work Act 2009 (Cth) only protects certain employees from unfair dismissal. To be eligible to make an unfair dismissal application.

What can I claim in my general protections application (involving dismissal)?

If your employer takes adverse action against you in contravention of a general protections, they may be found to have breached a civil remedy provision which may make them liable for a penalty.

Can I lodge a FWC application outside of the 21 calendar day time period?

The Fair Work Commission may allow a further period for application if there are exceptional circumstances and will consider: the reason for the delay; and any action taken by the person to dispute the dismissal;

What are my financial liabilities if I lodge a FWC application?

Each party is required to bear their own costs in relation to a FWC matter (section 611) thus you are not liable to pay the costs incurred by your employer.

What happens after I lodge my FWC application?

Unfair Dismissal Lodgement of FWC Unfair Dismissal Employer is notified and provided with an opportunity to lodge an Employer’s Response.

How do I lodge an unfair dismissal or general protections application?

You must complete the unfair dismissal or general protections application form prior to lodging it with the FWC. The relevant forms to be filled out are: Unfair dismissal – Form F2;

Can I claim unfair dismissal against a small business employer?

All national systems employees are protected from unfair dismissal under the Fair Work Act 2009 (Cth) provided your salary is under the high income threshold and you have been employed for more than 12 months if you are employed by a small business employer.

I have been dismissed , Should I lodge my own Fair Work Commission application before engaging a lawyer?

There are various risks associated with filing your own Fair Work Commission application prior to seeking legal advice. What if I submit the wrong claim?

Can I be fired for comments I make on social media?

Depending on the nature of the comment, it is possible for an employer to fire an employee for comments made on social media. This includes Facebook, Twitter, MySpace, blogs, online forums and email.