If you have been unfairly dismissed by your employer, or if you have been forced to resign, the action may be unlawful and you may have legal remedies. The employment law team at Parke Lawyers can advise you about your rights and represent you in legal proceedings.
Unfair dismissal refers to a dismissal that was unjust, unreasonable or harsh. Wrongful dismissal refers to a breach of employment contract and it is a matter of common law.
Unfair dismissal can be a complex legal matter and this needs to be dealt with by an experienced employment lawyer in Melbourne. Our dedicated and highly experienced workplace lawyers can assist and advise you on a variety of legal matters, including unfair dismissal applications, hearings, as well as claims for compensation and damages.
Often it is difficult to terminate employment, but when that action must be taken, it is wise to seek expert advice. Where the work performance of an employee does not meet a satisfactory standard, an appropriate process of investigation and corrective action must be taken. The action taken must conform to applicable legislation and accord with the principles of natural justice and procedural fairness.
Disgruntled former employees will often lodge an application with the Fair Work Commission seeking reinstatement, compensation (of up to 26 weeks’ pay) and other remedies such as a written statement of service. This is why you need the help of our experienced workplace lawyers to ensure compliance with the law.
We regularly provide advice to employers to ensure a fair and effective system exists for managing unsatisfactory work performance and allegations of unacceptable conduct or workplace behaviour. In addition, we regularly conduct (or attend, as required) formal warnings and dismissals.