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Crime Law Blog » Law & Legal » Wrongly sacked? Unfairly let go? Here’s what you can do about it.

  • Law & Legal

Wrongly sacked? Unfairly let go? Here’s what you can do about it.

Irene Coleman 19/03/2021
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Have you been recently let go and think that the decision was done on unfair judgement? This is a common problem that some people have met. Luckily for you, there are efforts you can make to take action against your old employer on this subject. Read through the information below and don’t forget to consider hiring an employment lawyer to assist you in your case.

What Does Wrongly Sacked Mean?

So what does being wrongly dismissed mean and what factors fall into this? Unfairly dismissed operates around a more straightforward method where it is based on the reasons they have for dismissing you and if you believe it did not align with your prior work effort. The penalty the company and employer receive is based on how severe or harsh the injustice reason was. This means that the impact of a really unfair reason will receive a more impactful punishment compared to just a slight misjudgement.

How To Go About Submitting An Application

If you are looking to go through and submit an application to the government then you can go about it from the Australian Government website. Visiting the unfair dismissal fair work commission site will give you that correct application forms and quiz’s / tests on areas that you might be considering like whether you can apply or if you qualify. If you do not feel confident in following this method then you can always talk to the employment lawyer in Perth.

Factors That Can Apply

There are two main factors you should make a note when you consider applying for unfair dismissal, these are the overall time since you were sacked and how long you were working there. The first thing you need to make sure of is that it hasn’t been over 21 since you were fired for unreasonable reasons. The second thing to note is if the business was average or large size that you were there for 6 months at least and 12 months if the business was small. If you want to know what counts as a small business then keep reading.

What Counts As A Small Business

If you have been working for a small business and want to file an unfair dismissal application you have had to work there for 12 months at least, so what counts as a small business? The first factor that defines small business is that there are less than 15 employees. These employees are only counted if they work on a regular or systematic basis. Make sure to check-in or ask your ex-employer about this information as this is crucial if your application is to pass.

Who You Can Talk To About Fixing Your Problem

All of this can sound a bit full-on but if you need some help then there is someone you can talk to. To find someone for help on this turn to an experienced employment lawyer to be your dedicated person to talk to for applications, qualifications and other areas surrounding your situation. If you are planning on filing this application then might as well make sure you do it right.

About the Author

Irene Coleman

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