Many of us depend on our employer to provide us with our primary means of income.
In a perfect world, we’d all be working in a healthy work environment where our good work goes recognised. Unfortunately, this isn’t always the case. If you’ve recently experienced an unfair or unjust termination from your employer in Victoria, you do have rights that you’re able to exercise.
What is Unfair Dismissal?
The Australian Government’s Fair Work Ombudsman describes an unfair dismissal as: “…when an employee is dismissed from their job in a harsh, unjust or unreasonable manner.”
What is harsh? Unjust? An unreasonable manner? There is deliberate ambiguity to this description, and you don’t need to be a philosopher to know when you’ve been wronged. If you feel that you’ve been unfairly dismissed, you’ll want to argue your case in order to obtain a just resolution.
Fair Employment is a Two-Way Street
The Fair Work Act of 2009 outlines the obligations of employers and employees in Australia. Your employer can choose whether or not to hire you for the job, but once you’ve been working for them for a specific amount of time, depending on the size of the business, they cannot simply dismiss you on a whim.
Just as employees are protected by the law, so too are employers. Employees are expected to fulfil their obligations to employers, which includes factors such as being present for work as scheduled, showing proper conduct and behaviour, and much more. These terms can also be ambiguous, with much room for debate as to what is considered proper conduct.
Don’t leave it to employers to be the final arbiters of what is considered to be proper conduct. Seldom are employees dismissed for the reasons that employers may tell them. If they dismissed you due to your age, for example, they may tell you that it’s for unprofessional conduct or a wide array of other nonrelated reasons. Wrongful dismissal cases should be reviewed by a legal expert that can better argue these cases in your favour.
What Should I Do if I’ve Been Unfairly Dismissed?
Firstly, you should have left your place of employment without engaging in destructive behaviour. Your feelings matter, but what matters more is setting things right. You’ll want to collect your thoughts and composure before taking action.
Don’t delay. Unfair dismissal cases should be dealt with within three weeks from the date of dismissal. This time is a perfect opportunity to consult a legal expert so that you can proceed with taking action the right way.
Employment law can be a complex field of jurisprudence that’s ideally approached with the assistance of a legal expert in that field. Contact a reputable firm such as Pentana Stanton and arrange for a consultation. Lawyers will put together a plan of action and guide you every step of the way through this process, even representing you if litigation is necessary.
Contact Pentana Stanton Today
Employment law isn’t something to be taken lightly. If you’ve been recently dismissed in an unfair manner, you may be eligible to seek remediation from your previous employer. Let our friendly employment law experts at Pentana Stanton help you achieve a favourable outcome.