Bold Law

Free initial consultations

Bold Lawyers offer free no obligation consultations so you can find out where you stand. We are happy to talk to you whenever you have the time, whether that be on a weeknight, weekend or during the day. Call us now to discuss your situation.

Time Limits

If you wish to make a claim to the FairWork Commission for unfair dismissal or a general protections claim, you have 21 days from the date that you found out about your dismissal. If you have been dismissed, contact us now for a free initial consultation.

UNFAIR DISMISSAL- can I make a claim?

To make a claim for unfair dismissal, a worker must fall within the following:

• be employed for a minimum of 6 months or 12 months if the employer is small business (less than 15 employees)
• earn less than $142,000 per year
• If you are casual employee and have been dismissed, there are other factors that are taken into account - contact us to find out more

What makes a dismissal unfair

There are a variety of reasons that might make a dismissal unfair. Some of those reasons might be:

• the dismissal was harsh, unjust or unreasonable;
• there was not a valid reason to justify the dismissal;
• the employee was not informed about their dismissal;
• the employee was not provided with any opportunity to respond to the allegations that led to their dismissal;
• warnings of unsatisfactory performance were not sufficient to justify dismissal

There are other reason's what your dismissal might be unfair and justify you making a claim. Please contact us now to discuss your situation.

What compensation can I receive

• The maximum amount of compensation that you can currently receive is $71,000.00.
• The amount of compensation you receive will depend on the circumstances of your case and how long you are out of employment following your dismissal.

GENERAL PROTECTION CLAIMS

• A general protections claim covers employees who have been dismissed and employees who have not been dismissed.

What are general protections

The Fair Work Act provides protections to workers, divided into four prescribed reasons below:

• protections against workplace rights, such as the right to make a complaint, take sick leave or make a compensation claim;
• the freedom to engage in lawful industrial activities, for example being a member of a union
• other protections, including the protection from discrimination;
• sham arrangements

The law prohibits employers from taking adverse action action against employees for exercising one of the general protections listed above.

Why was the adverse action taken by the employer

• Once it is established that adverse action was taken by the employer against the employee (such as dismissal from employment), the focus of a general protections claim looks at the 'reason' why the adviser action was taken.
• If the adverse action is not taken because of one of the four prescribed reasons listed above, a general protections claim will fail.

What compensation is available under a general protections claim

• Unlike an unfair dismissal claim, the amount of compensation available under a general protections claim is not capped.
• An employee who is successful establishing a general protections claim can claim compensation for economic loss, non-economic loss for hurt, humiliation and distress.