Have you been unjustly let go from your job and received compensation between $2,000 and $8,000? That’s quite common, but the actual amount you could be entitled to depends largely on the specific circumstances of your dismissal and the actions you take against your former employer.
Navigating Unfair Dismissal Claims
Post termination, there are various claims you can pursue. The two most common are the unfair dismissal claim and a general protections provision involving dismissal. You’re required to choose one of these, which should be filed within 21 days of your dismissal. Feeling overwhelmed? Don’t worry! Frontline Employment Defenders, with our seasoned agents, is here to guide you to the most suitable option.
What Does Unfair Dismissal Really Mean?
Unfair dismissal becomes relevant if your termination was harsh, unjust, or unreasonable; was not a genuine redundancy; or for small business employees, if the dismissal didn’t follow the Small Business Fair Dismissal Code. To be eligible for an unfair dismissal claim, your salary must fall under a certain threshold. The Fair Work Commission can award up to six months of your salary as compensation, but note that most claims are settled for considerably less.
The Conciliation Pathway
A majority of unfair dismissal claims are resolved during conciliation. This process is a preliminary meeting between the involved parties before the case advances to a full hearing. According to the Fair Work Commission’s 2020-21 Annual Report, 6,835 cases were settled through conciliation. The breakdown of unfair dismissal cases and their respective settlement amounts during conciliation can be found in our original post. Still, it’s important to note that 2,464 cases did not reach a settlement at conciliation.
General Protections Provisions & Unfair Dismissal
In numerous instances, employees can secure greater compensation through a general protections dismissal claim. To qualify for such a claim, your dismissal needs to be associated with certain protected workplace rights. For instance, these rights include enquiring about your pay or work schedule, taking a sick day, or participating in union activities.
Key Points to Remember
If you suspect that you’ve been unfairly dismissed, it’s vital to seek prompt advice to ensure you secure the maximum compensation you deserve. Remember, Frontline Employment Defenders is ready to guide you every step of the way. We’re here to help you navigate the complex landscape of unfair dismissal and safeguard your rights.
Call Frontline Employment Defenders Now so we can help you 1300 089 353 or visit https://www.fled.com.au