Getting terminated from your job is never a pleasant experience – especially so when you feel like you have been wrongfully terminated. The injustice of being made redundant with no legal basis can be an experience that is incredibly stressful and detrimental to one’s mental health. Thankfully, there are many legal avenues available for employees that feel like they have been wrongfully terminated. In today’s article, we have a look at what constitutes wrongful termination and what you can do about it. Read on to find out more!
Figure Out If You Have Legal Ground To Stand On
It is always important that you consult with your lawyer to ensure that you have a legal ground to stand on before filing for wrongful termination. It is important to make sure that you really have been wrongfully terminated before taking any further action. So, what exactly is wrongful termination?
First off, you have to be legally recognised as an employee of the establishment you worked for. Secondly, in order to qualify for a wrongful dismissal claim, an employee has to have been employed for at least a minimum of six months. If you feel that you have been unfairly terminated or forced to resign due to something your employer did, you will then be able to proceed with taking the next step. You can either work on your own or with an experienced lawyer to submit an unfair dismissal with Fair Work.
Pay Attention To Your Deadline
If filing for unfair dismissal, it is incredibly important that you pay attention to your deadline. Generally, the deadline is to file within 21 days, a time limit that starts the day after your termination. It is important to heed this deadline as anything after 21 days will not be considered valid and may leave you feeling even worse than when you got terminated. It is important that you get into contact with the commission as soon as possible in order to ensure that you will be able to qualify for wrongful termination proceedings.
Evidence Is Of Utmost Importance
Do note that if you claim wrongful termination, it will be solely up to you to collect your evidence in order to prove your case. The commission does not investigate the circumstances beyond the evidence you present, making it extremely important that you get all your documents and evidence in order. If a hearing is held, this is the same evidence that could make or break your case. We highly recommend working with an expert or lawyer in order to ensure that you have sufficient evidence that ensures the best prospects for your particular situation.
Once your employer has been notified about your wrongful termination case, in most situations, you will be given a date and time for a conciliation conference with your employer. Commission staff will try to resolve the dispute between both sides. If that fails, your case is sent to a Commission Member for a hearing. Some of the outcomes you can expect include compensation of under 26 weeks of pay or non-financial remedies such as a written statement of service.
Wrongful termination is never a pleasant experience for anyone involved. We hope that this article has given you the insight you need if you feel like you have been unfairly dismissed.