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WHAT ARE THE COSTS?There is a $52.40 lodgement fee payable to the Collector Public Monies, Victorian Industrial Registry.Where the payment of $52.40 would cause hardship, employees may request an Application For Waiver of Lodgement Fee from the Registry. In most cases, the fee is waived. 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 DISMISSALWHAT 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: Call to discuss specific arrangements on 9650 0735. What are your rights against unfair dismissal under the Workplace Relations Act 1996?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?The Industrial Relations Commission 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 the Commission. 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 employees who earn over $90,000 p.a. (total package - exact amounts indexed)* * if in doubt about eligibility seek advice HOW DO I APPLYA dismissed employee must make application within 3 weeks of dismissal, via Just Relations. |
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