Have you been recently terminated from your employment? Or do you feel as though you might be fired soon? Have you felt like you have been discriminated against whilst at work? Or do you get the feeling that your employer might not be paying you your full employee entitlements?
Unfortunately, employment law can be very complicated. At MKI Legal, we can appreciate that not everyone possesses the ability or the knowledge to understand the complex provisions of law relating to your employment. The good news is, our unfair dismissal lawyers at MKI Legal are committed to assisting you in your difficult times by providing a complete legal service to cater for your employment law needs.
When your employer unfairly dismisses you
Getting fired from work can be an extremely stressful time for employees and their families. We can appreciate that everybody has personal and financial commitments which are directly affected by work. Unfortunately, some employers don’t express that same level of appreciation when they decide to bring an employee’s employment to an end. Luckily, you have plenty of legal rights when your employer is considering your termination.
Firstly, your dismissal must not be unfair, harsh or unreasonable. In assessing harshness, a variety of factors are to be considered including the requirement to afford you with procedural fairness in your dismissal process. Procedural fairness means that your employer must act fairly before they can dismiss you. If your employer alleges that your performance is lacking, your employer must advise you of your underperformance and make attempts to manage and improve your performance before they decide to terminate you. This can come in the way of performance improvement plans, performance review meetings, warnings about performance or coaching and training services to boost your performance.
If your employer alleges that your conduct might be the reason for your dismissal, then your employer needs to notify you of that conduct. Your employer can’t simply fire you because they heard that your conduct wasn’t up to scratch. You must be notified of the alleged conduct and you must be given an opportunity to be heard before your employer makes the decision to end your employment. Your employer must not refuse your request for a support person when attending meetings. The reason for your dismissal must be genuine and not unfounded and your employer must not fire you for reasons which are spiteful or prejudiced.
Have you experience discrimination in the workplace?
As an employee, you have various rights that you can exercise in relation to your employment without having your employer take adverse action against you because of the exercise of those rights. Your right to take personal leave is something that cannot be taken away from you by an employer. If you feel as though you were treated differently following your period of sick leave or personal leave to care for a loved one, or if you were dismissed because of your personal leave you need to speak with our lawyers to discuss your potential claim immediately.
You have the right to take other forms of leave including annual leave and long service leave without your employer treating you unfavourably for taking that leave. Your rights also extend to your refusal to work unreasonable overtime or your refusal to work on a public holiday. You are also protected from things such as pointing out unsafe work conditions, making a worker’s compensation claim or making complaints for workplace bullying with the Fair Work Commission.
You also have the right to make complaints or enquiries in relation to your employment free of any adverse actions by your employer. This means that if you make a complaint about something that’s bothering you at work or a way in which your employer conducts their business, you must not be treated unfavourable and you must not be fired because of that complaint. This also applies to making enquiries relating to your employment, such as enquiring about your entitlements.
In addition to the above, your employer is also unable to treat you unfavourably or dismiss you because of your race, ethnicity, religion, sex, colour, age, sexual preference, physical or mental disability, marital status, family responsibilities, political opinion, social origin or pregnancy. The list of things your employer can’t do as a result of a protected right or you exercising your workplace rights involves treating you differently to other workers, demoting you or reducing your employment entitlements and of course, dismissing you from your employment.
What to do if you get sacked
If you are dismissed from your employment, you must act quickly. This is because applications are made quickly due to a strict 21-day deadline to file applications. There are also various factors we need to consider which may implicate your potential claim, including the length of your employment and the size of your employer’s entity.
Even if you are not dismissed, you may feel as though your dismissal is forthcoming or you may be experiencing discrimination whilst still being employed. In these instances, we strongly suggest you seek advice from our expert employment lawyers to know your rights and where you stand. We can assist you with these matters and many more with our cost-effective consultation appointments.
How we’re different
MKI Legal Employment Lawyers are experts who practice exclusively in employment law. This means you can rest assured that your lawyer knows the ins and outs of your matter and how to successfully pursue your claim.
MKI legal don’t charge you per unit of time as the other law firms do. We charge fixed fees and operate on a partly no-win-no-fee arrangement. This means that there are no hidden costs or tricky lawyer clauses that will keep you out of pocket. Our legal services are completely transparent and are conducted with your financial position in mind.
We offer a free initial telephone discussion where we are able to advise you where you stand in relation to your claim. Our team at MKI Legal will passionately negotiate on your behalf to ensure your legal entitlements are met and your interests are secured.
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Evidence of mild autism is insufficient to excuse sexually harassing conduct
Dismissal for carrying on a consensual romantic affair with student, unfair and unreasonable
Dismissal for posting Hitler moustache on Facebook, not unfair or unreasonable but harsh
In investigating sexual harassment, employers cannot focus only on the applicant’s feelings to the exclusion of the factual context of the allegations
He said, she said: Marital breakdown—not a valid cause for redundancy or dismissal for cause
