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?
There is Hope - 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.
1. 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, whether you have experienced emotional distress and what type of claim you bring against your employer.
We can help you determine how much your case is worth.
2. 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.
3. 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.
4. Protect Your Reputation
Commonly Asked Questions
Q. How Much Do You Charge?
We understand that if you have recently lost your job, money may be an issue. That is why we make sure our services are affordable. We do not charge for the initial telephone discussion. We have various pricing options to suit your needs including fixed fee, and partly no-win no fee (where a portion of our fees is deferred until your matter settles).
Q. How much can I get?
How much your claim is worth depends on your income, how long you are unemployed for, and whether you have suffered any distress as a result of the dismissal.
Our lawyers are able to advise you how much you might be able to settle your claim for.
We settle approximately 90% of our cases, which means that your claim is resolved with the least amount of stress.
Q. Do I Have To Do Any Talking?
Generally not. We do all the negotiating and talking for you. The vast majority of our cases settle at the mediation stage so you don’t have to worry about going through an uncomfortable trial or anything like that.
Very few cases go to trial and the vast majority are settled in a confidential negotiation with your former employer.
We do all the talking for you, so you don’t have to say a word if you don’t want to.
Q. What Evidence Do I Need?
We understand that if you have recently lost your job, you probably don't have access to your work emails, work computer and your former work colleagues.
Your version of what happened is enough evidence. We just need your story, and in most cases, that will be enough.
If you don’t have all the documents, that is okay, as there is a process where we can get those documents from your former employer at a later stage.
The same goes with witnesses. You do not need any witness statements in order for us to file your claim and progress it to the mediation stage (where most claims settle).
In the rare event that we do need evidence from your work colleagues, there is a process where we can compel your former colleagues to give evidence, even if they are scared of helping you for fear of also losing their job. However, we rarely need to use that power.
Q. How Much Experience Do You Have?
We are very experienced in this area of law. We help hundreds of employees every year resolve workplace issues.
We file dismissal claims on a weekly basis and we are one of the leading law firms who specialise in employment law assisting employees.
In 2017, 2018, 2019 and 2020, we have been recognised by our peers as a leading employment law firm.
We often go against the biggest companies in Australia. Our lawyers specialise and practice exclusively in employment law, so we know this area better than many other lawyers.
Q. Tell Me About the 21 Day Time Limit
You only have a limited amount of time to lodge your claim. The law generally sets a 21-day time limit to file your claim.
This is calculated from your last day at work.
You must lodge your claim within this time limit, otherwise, you might lose the right to take any further action.
Read More About Unfair Dismissal
Everything you need to know about Unfair Dismissal in Perth, Western Australia.
Unfair dismissal laws provide protection to Australian employees from having their jobs terminated in circumstances that are “harsh, unjust or unreasonable”...