1800 013 628

At Michael Atkinson & Associates we can provide you with advice and assistance in relation to the following:

• Advising as to your rights and obligations under the Fair Work Commission.
• Drafting and advising on Employment Contracts and Letters of Appointment.
• Drafting and advising on Confidentiality Agreements.
• Dismissal/Termination of Employ2es.
• Redundancy and Termination Obligations.
• Leave Entitlements.
• Serious misconduct issues.
• Bringing or defending unfair dismissal claims.
• Unsatisfactory performance or conduct.
• Probationary and Casual Employees.
• WorkCover Issues.

Contact Michael Atkinson to discuss your employment issue or problem.

You could be entitled to bring an unfair dismissal claim if:

1. Your dismissal from your employment was harsh, unjust or unreasonable; and
2. The dismissal was not consistent with the Small Business Fair Dismissal Code (if applicable); and
3. Your dismissal was not a case of genuine redundancy. 

Any unfair dismissal claim to Fair Work Commission needs to be made within 21 days from the date of dismissal. Late applications may be accepted but only in exceptional circumstances.

In considering whether a dismissal was harsh, unjust or unreasonable Fair Work Commission must take into account the following factors:

1. Whether there was a valid reason for the dismissal;
2. Whether you were notified of that reason;
3. Whether you were given an opportunity to respond;
4. Any unreasonable refusal by your Employer to allow you to have a support person present to assist at any discussions relating to dismissal;
5. If the dismissal related to unsatisfactory performance whether you had been warned about that unsatisfactory performance before the dismissal;
6. The degree to which the size of the Employer’s enterprise would be likely to impact on the procedures followed in effecting the dismissal;
7. The degree to which the absence of a dedicated Human Resource Management Specialist or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal;
8. Any other matters that Fair Work Commission considers relevant.