FAQ
WHAT ARE THE COSTS?
There is a $59.50 application fee.Where the payment of $59.50 would cause hardship, employees may request an Application For Waiver of Lodgement Fee.
In rare situations costs may be awarded against the employee if it is found that the claim was lodged without reasonable cause; costs may also be awarded against a party (either employee or employer) if he/she fails to agree to reasonable terms that could settle the claim
DO I NEED REPRESENTATION?
We recommend you to be represented by an experienced industrial relations consultant.
EXAMPLES THAT HAVE BEEN FOUND TO CONSTITUTE UNFAIR DISMISSAL
• dismissal due to absence caused by illness• dismissal related to pregnancy, gender, age, race or religion
• dismissal due to poor work performance where no warnings or opportunity to improve were given
• dismissal without notice or pay, in lieu
• unreasonable selection of employees to be made redundant
• unjust or discriminatory application of company policy; and
• dismissal for breach of policy that the employee was unaware of.
WHAT DOES JUST RELATIONS DO?
Just Relations has highly experienced consultants, with long specific experience in employee unfair dismissal cases.
We provide a free telephone advice service to advise:
• Whether you are eligible and how to apply,
• Whether on the facts supplied, you have an arguable case.
• Just Relations can represent you through all phases of the unfair dismissal procedure in a cost effective manner.
• Just Relations cannot act on a no-win no-fee basis at arbitration where the possibility of a successful outcome is unclear or doubtful.
Call to discuss specific arrangements on 9650 0735.
WHAT IS UNFAIR DISMISSAL?
There is no precise meaning of `unfair dismissal', however the underlying concept is of a "fair go all round" to the employee and the employer. The criteria are what is reasonable behaviour and fair treatment in the circumstances, not what are well defined minimum legal requirements.WHAT CAN RESULT FROM A SUCCESSFUL UNFAIR DISMISSAL CLAIM?
Fair Work Australia (FWA) has the power to reinstate an employee back to the previous job, and/or to award compensation to a maximum of six months pay.
In most cases a settlement is agreed to by the parties without a formal decision of FWA.
WHO CAN APPLY?
Generally any employee has the right to bring a claim except:- short term casuals
- employees on an initial probationary period
- non-award (or EA) employees who earn over $108,300 p.a. (total package - exact amounts indexed)* * if in doubt about eligibility seek advice
