We have experience in advising employers on the processes involved in dismissing an employee and are able to draft appropriatet warning and termination letters and deeds of release. Below are some of the key criteria that must be considered when defending an unfair dismissal claims.
Who can bring a claim against you?
An employee, who earns less than $133,000 and is not covered by an award or enterprise agreement, is entitled to bring an unfair dismissal claim within 21 days of their being dismissed.
What is the test?
An employee can bring a claim if their dismissal was harsh, unjust or unreasonable. An employee only needs to prove one of the elements, in other words, they only need to claim that the dismissal was either unjust or harsh or unreasonable. A dismissal may be:
How we will help?
We will meet with you to discuss any defence to the claim, and how to best approach the claim both legally and commercially.
The Difference Is In Our Level Of Experience Defending The Most Difficult Cases & Our Rigorous Approach To Each Matter