Unfair dismissal law is the type of law meant to help a former employee of a particular organisation receive compensation for unfair contract termination by the employer. Every wrongfully dismissed employee needs to find an appropriate lawyer that can help them get the relevant compensation as a result of careless contract termination by the hirer.
In some cases, an employer will dismiss the employee, and it is considered to be an automatic unfair dismissal. With an automatic unfair dismissal, the employer has no defence on the matter and will be forced to pay a lofty sum for their actions. The following are some of the instances that are considered to be unfair dismissal.
- Maternity leave
It is a leave provided to a mother before and after they give birth. During this period, the mother is absent from work until such an agreed time is reached. The employer needs to find a suitable alternative that will cover the entire period and make the position available to the mother when they are ready to come back. Dismissing such an employee is an automatic unfair dismissal and the employer will have to compensate them.
- Family leave
Family leave is provided to an individual who needs to attend to their family emergency issues immediately. Meanwhile, the employer needs to partially fill their position until the person is free to come back. It is also an automatic unfair dismissal that will guarantee an employee compensation when their contract is ended if the employer fires them.
- Asserting a statutory right
This occurs if an employee is sacked as a result of demanding their statutory rights from their employers such as asking about unpaid wages. If the employer dismisses a worker for such an act, they are committing an automatic unfair dismissal and an employee will automatically win such a case.
- Performing particular safety/health activities
An employee may require time to exercise. Some may also need time to visit a physician for health-related matters. However, such actions may cause their dismissal from work by their employers. This is another example of an automatic unfair dismissal and requires the employee to be compensated.
- Refusal to carry out certain tasks that will go against the regulations
In some instances, some employers force their workers to perform duties that are not part of their contract agreement, and can also breach the organisation policy. Such employers may be after their benefit from the organisation and may fire an employee who might fail to comply with their actions. Such an employee is required to immediately seek the help of an unfair dismissal lawyer to take the matter to a tribunal hearing. They will be compensated for such actions and assured of a good reputation to get a job from other employers.
Factors to look for in an unfair dismissal lawyer
Since there are many employment lawyers, you need to know the right kind of lawyer that will help you to get the maximum benefit that you deserve from the wrongful termination. The following are some of the factors to look at:
An excellent lawyer needs to have proper experience in the field to ensure that they understand all the potholes and bottlenecks that need to be exploited for the benefit of their clients.
A good lawyer should be affordable to the client and give a reasonable figure for their services.
Hiring the leading employment lawyers in Brisbane will give you a very high chance of winning the case.