Our Unfair Dismissal Lawyers Can Help You
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DOYLE’S LEADING
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Tens of thousands of people each year are let go from their job. If you have lost your job, you might be feeling hard-done-by, helpless and worried about the future.
Was your dismissal legal? Did your employer tell you the real reasons for your dismissal or did they make something up? Where do you go from here?
4 WAYS TO FIX THIS
You have just gone through this difficult experience, so you're probably wondering how on earth you can make this better?
Going through the legal process of challenging your dismissal can often put you in a better position than doing nothing.
While it is rare to get your old job back, the legal process has a number of other solutions which have helped many of our clients heal and move on with their lives.
These are some of the ways that we can help you.
Get Financial Compensation
If you have a claim, you might be entitled to financial compensation.
How much you can get is dependent on your salary, how long you remain unemployed and what type of claim you bring against your employer. In a federal (national system) unfair dismissal claim, compensation cannot include anything for shock, distress, humiliation or similar hurt (s 392(4) of the Fair Work Act 2009 (Cth)). Distress can be compensated in some other claims, such as general protections, discrimination or a WA state system unfair dismissal claim.
We can help you determine how much your case is worth.
Get Your Dismissal Reversed
If you have been dismissed for something other than redundancy, then having a dismissal on your own employment record can make it harder to find future work. Future employers might ask you what happened at your job, and you will have to answer honestly.
However, as part of the settlement process, we often get the dismissal reversed. This means that your employer will retrospectively agree that you resigned instead of being dismissed.
This is usually formalised in a settlement agreement. Once you have that, you can legally say at job interviews that you resigned from your old job, instead of saying you were dismissed.
Get A Statement Of Service
Another benefit we often get for our clients is obtaining a statement of service from your former employer.
A statement of service sets out the duties you performed, your role, the length of your employment and your position.
This is helpful when applying for future work as it makes it easier for you to confirm your old position and duties when applying for a new job.
Protect Your Reputation
As part of the settlement process, it is common to get your former employer to agree not to say anything negative about you, and to keep things confidential.
This means that you can rest assured that you have a legal right to stop your former employer from bad-mouthing you. This is a powerful way to protect your reputation.
Frequently Asked Questions
How Much Do You Charge?
How Much Can I Get?
Do I Have To Do Any Talking?
What Evidence Do I Need?
How Much Experience Do You Have?
Tell Me About The 21 Day Time Limit
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Our Team
Our award-winning lawyers are here to help.
What Our Clients Say About Us
How We Can Help
Unfair Dismissal
Our guide to unfair dismissal under the Fair Work Act: who can claim, the 21-day deadline, what the Fair Work Commission looks at, how the process runs and what you can get. We also explain general protections, the other main dismissal claim.
General Protections
Many people have heard of unfair dismissal but not general protections. A general protections claim asks why your employer acted. There is no minimum employment period, no income threshold and no cap on compensation, and it covers harmful action short of dismissal too.
What To Do If You Have Been Dismissed
Losing your job is never easy, but it doesn't have to be the end of the world. This step-by-step checklist sets out what to do after a dismissal, starting with the deadline that matters most.
Manager & Executive Dismissals
If you are a manager or an executive, MKI Legal has experience helping people in your situation with the extra complexities of senior dismissals: the income threshold, contract claims, bonuses and equity, restraints and your reputation.
Examples Of Common Unlawful Dismissal Scenarios
We look at common situations where an employee may have a dismissal claim against their employer: complaints, leave, discrimination, sham redundancies, performance, process and forced resignation. There are many more than we could list here.
Redundancy
In this guide, we explain what a genuine redundancy is, how redundancy pay works, and what you can do if you believe your redundancy wasn't handled properly by the business.
Notice & Final Pay
We discuss some basic information that you should be aware of when reviewing your final pay to ensure you’ve been paid correctly.
Unlawful Termination
An unlawful termination claim is for employees who are not in the national system: in WA, for example, people employed by a sole trader, a partnership, a WA government agency or a WA local government. It protects against dismissal for discriminatory and other prohibited reasons.
Bankruptcy & Liquidation
We explain what happens if a business goes into liquidation and how to recover your entitlements if the business is unable to pay you.
Contact Us
(08) 9470 2777
help@mkilegal.com.au
Level 5, 231 Adelaide Terrace
PERTH WA 6000