Unfair dismissal claims by employee in fair work commission FWC - Perth lawyers - Perth legal advice
- BMS LAW
- Feb 4, 2023
- 2 min read
Being an employer in Perth Western Australia is difficult and challenging, especially at times where an employee claims to have been unfairly dismissed.
If your employee brings an unfair dismissal claim in the Fair Work Commission, it is advisable to seek legal advice immediately as the Fair Work Commission has strict deadlines which it views very seriously.
Further if you are a Perth employer contemplating dismissing an employee, it is recommended to first seek legal advice.
Fighting an unfair dismissal claim in the Fair Work Commission is very time consuming and costly, especially when lawyers get involved.
This blog post will only cover unfair dismissal claims in the Fair Work Commission from a Perth Western Australian perspective. For more information on unfair dismissal claims heard in the Western Australian Industrial Relations Commission please contact us directly (info@bmslaw.com.au)
Does size of business matter in unfair dismissal claims in the Fair Work Commission?
You may be a small business owner with a few employees or a medium sized business with 10's of employees or a large enterprise with 100's of employees. The simplest answer to the question of whether the size of business matters in unfair dismissal claims in the Fair Work Commission is, yes. It is one factor which is considered by the Fair Work Commission in deciding whether there was unfair dismissal.
Does an employee have an automatic right to claim unfair dismissal in the Fair Work Commission?
Whether an employee has the right to claim in the Fair Work Commission for unfair dismissal, depends on whether they meet the basic preliminary test set out in the Fair Work Act 2009 (Cth). This preliminary test basically prevents every employee who feels wronged from bringing a claim of unfair dismissal.
Employee's contract of employment prevents claiming unfair dismissal in the Fair Work Commission
It would be a significant challenge for any employer in Perth Western Australia to argue that under an employee's contract, they contracted out their rights to claim unfair dismissal at the Fair Work Commission. Speak to a Perth lawyer at our Perth law firm if you require advice on this issue
(08) 6389 0270 or email us info@bmslaw.com.au
Why should a Perth employer hire a Perth lawyer to fight an unfair dismissal claim in the Fair Work Commission?
There are significant hurdles that an employer must overcome if they are brought before the Fair Work Commission because of a claim of unfair dismissal by their dismissed employee.
The employer in an unfair dismissal claim in the Fair Work Commission must respond to an unfair dismissal application and explain:
Why the dismissal was fair, just and reasonable
To address this basic question requires a good understanding of employment law such as the Fair Work Act 2009 (Cth) and decided cases of the Fair Work Commission and higher courts.
If you are an employer and have a dispute with an employee, it is recommended to seek legal advice prior to taking any recourse or action. Contact us to discuss what your options are as an employer.
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Email: info@bmslaw.com.au
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