Unfair Dismissal in SA – Understand your legal rights.
Navigating Unfair Dismissal claims can be a daunting and challenging task. Boylan Lawyers specialise in all areas of employment law.
We are a trusted partner organisation of the Fair Work Commission – Australia’s national workplace relations tribunal.
Contact Boylan Lawyers now to discuss your Unfair Dismissal matter.
Unfair Dismissal - What you need to know.
Unfair dismissals can occur under various circumstances – such as being dismissed without a valid reason or lacking procedural fairness. Examples of procedural unfairness include not providing warnings about poor performance, failing to give notice, not allowing the employee to respond to allegations, or not permitting the presence of a support person.
An unfair dismissal may also occur if the dismissal was not a case of genuine redundancy.
Questions to consider:
- What was the reason for the dismissal?
- What is the date of the dismissal?
- Has an official letter of dismissal been issued, either in hard copy or digital form?
- What is the name of the employer, the size of the business (e.g., number of employees), and how long was the employment duration?
- Has the Fair Work Commission been contacted?
If an unfair dismissal is determined, the dismissed party may be entitled to reinstatement and/or monetary compensation.
We can assist in determining the best course of action – whether it involves filing an unfair dismissal application, an unlawful dismissal application, or a breach of contract claim (wrongful dismissal).
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