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Seeking services of unfair dismissal lawyers implies that one has been dismissed unlawfully however the whole reason of hiring an employment specialist law firm is to determine if the employment termination was in accordance to workplace law in Australia. Whether you are a worker or an employer you may need services of such legal professionals. These law specialists are more commonly known as employment lawyers or solicitors as it is called in this country.
How do I know if I’ve been unlawfully terminated?
First wise step in finding out if you’ve been unlawfully dismissed from your job would be to contact the government body that deals with industrial relations and employment law. In Australia that happens to be Fair Work Australia and if one is to search for the particular information on legality of the employers decision the page to consult would be their unfair dismissal page. Should any of it not be clear to you, your next best bet would be to give them a call.
The step of negotiating and talking to your employer is skipped since in this writing we assume that you’d already been served your notice of termination and there is no turning back, the next step is consulting government department of employment, finding out as much as you can by educating yourself. Part of your research would have had to have revealed 10 National employment standards that govern how employees treat their employees in Australia. They are the minimum 10 laws dealing with minimum working conditions that include pay, leave, hours and other entitlements. Be sure to check those out on the Fair Work website.
The next step of hiring unfair dismissal lawyers is essential since the dismissal had already occurred and once educated about your rights, it’s time to get yourself a solicitor. Before doing this however it’s wise to also gather all the necessary information and break it down for the legal council to be able to easily determine the plan of action – let’s remember that in Australia, employment law legal expenses are not reimbursed by Government or by the employer unless that ends up being part of the negotiated deal or the owner of the business is found to have been acting illegally when issuing notice of termination.
It is most likely that you will be footing the bill or at very least some part of it so it is in your best interest to bring all the information to your solicitor’s attention so they can asses the legal grounds. This will include events that lead to the (unfair) dismissal as well as what you did and said as well as how the company, it’s management and human resources department conducted themselves throughout the whole process.
When is it time to get employment lawyers
One of the most important relationships in our lives is how well we navigate all the personalities in the workplace. These include your managers, our peers or our subordinates depending on our job role. When those relationships turn sour we have an option of intermediating those but when have we reached the point where we need services of employment law firms.
You will want to do everything in your power to prevent employment lawyers getting involved however sometimes this is just plain impossible. Deciding a criteria on when the hire an employment law specialist is a fine art however some of the scenarios are more obvious than others. One of those is being threatened by employment termination or perhaps being asked to perform duties at work that are clearly outside your contract of employment.
How about if you’re being harassed or intimidated or bullied at your place of employment; when is it sufficient to talk to your manager (unless he or she is the one causing you grief) or human resources department and when is it satisfactory to talk to the person you are having troubles with and try and negotiate a solution as a conflict resolution method. When would you need workplace mediation services and what do those services entail.
Mediation services can be done internally or externally by qualified and experienced professionals who do not necessarily need to be employment lawyers such as McArdle Legal law firm located in Sydney CBD. They happen to have mediation facilities for employers to use however once again, mediators don’t need to also be solicitors. As with most professional occupations, it is important for mediators to be well versed and experienced in workplace conflict resolution.
Another option before contacting employment law solicitors who can be hired for a fee is to call or visit a Government employment body which in Australia is Fair Work Australia. They claim is that they can help you with your workplace issues and they’re there to give you information and advice about your workplace rights and obligations. This is their website here: http://www.fairwork.gov.au/ they can help you with any existing issues, give you guidance as to what your rights are when it comes to unfair dismissal however you’d be hopping you’ve reached out to them or got other type of legal representation before you’ve been fired from work
It is in your best interest to avoid at all cost getting yourself in a situation where you are in a need of hiring a workplace solicitors as the will cost you money and there is no government reimbursement available nor will your company pay for it – it is an expense paid by you. Always try to work out the best way to conflict resolution at work as it will see your career progressing faster.