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Why choose us?

We remove the stress

There are many reasons why every dismissed person should obtain professional representation. Firstly, our consultants are workplace relations specialists. The expertise and knowledge they hold ensure your case is shaped to the best possible strength. Secondly, people who are emotionally involved, generally speaking, find the entire unfair dismissal process extremely stressful. Finally, professional representation ensures that your former employer understands that you are backed by a firm that specialises in workplace relations matters and will naturally view this a serious threat as opposed to a self-represented person with lack of experience and expertise in these matters.

No Win, No Fee

Our No Win, No Fee payment option gives clients piece of mind knowing that they will not be financially disadvantaged if we fail to settle the matter or gain a positive decision. At the end of the day our clients have nothing to lose and everything to gain. Terms & Conditions Apply.

What are the possible outcomes?

FINANCIAL COMPENSATION

Here at HR Experts, we are well known for our track record and ability to obtain our clients’ maximum financial settlements. We do this by understanding your situation in detail and identifying the critical facts of your case. By supporting the critical facts with previous judgments and relevant laws we are able to build a rock solid case on your behalf. A rock solid case puts you in a wining position and quite often results in maximum compensation.

REINSTATEMENT

In the event that the Fair Work Commission rules that your dismissal was unfair, then they may order reinstatement as a remedy. If an order for reinstatement is issued by the Fair Work Commission, you will be returned to the position you held prior to the dismissal or a similar positon.

RESTORE YOUR NAME AND REPUTATION

It is far from easy finding new employment, to add to this challenge an employee with a dismissal on record is likely to find it extremely challenging finding alternative employment as it is well known that employers view dismissals negatively. Withholding the truth or denying the truth in the recruitment process can result in termination later on. As a result HR Experts will fight to have your dismissal overturned and officially recorded as a resignation. In addition to this, we will fight for a statement of service which is as document that confirms your length of service, duties, position title and finally confirms the reason for departure as a resignation.

Unfair Dismissal FAQ’s


WILL I HAVE TO SPEAK TO MY FORMER EMPLOYER?

The simple answer is No. The Representative assigned to your case will manage all aspects of your case including communicating with the Fair Work Commission and your former employer. We ensure that you will only discuss your case with us and nobody else.

I WAS MADE REDUNDANT. CAN I APPLY?

If the redundancy is genuine, then you will not be able to claim unfair dismissal. A person’s dismissal was a case of genuine redundancy if:


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the employer no longer required the person's job to be performed by anyone, and

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the employer consulted with you about the redundancy before you were made redundant, and

•

the employer is unable to relocate you into another position.

If your dismissal was not a case of genuine redundancy, then you will be able to claim unfair dismissal.

I WAS EMPLOYED AS A CONTRACTOR. CAN I APPLY?

A contractor may be eligible to make an unfair dismissal claim. We recommend contacting us to discuss whether you are eligible as a contractor.

I WAS EMPLOYED ON A CASUAL CONTRACT. CAN I APPLY?

A casual employee is eligible to make an unfair dismissal claim on the condition that the casual employee can establish that they held:

 

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a history of regular and systematic work, and

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a reasonable expectation of ongoing employment.

For example, a casual employee who holds a work pattern of 5 hours per a week will be eligible to make an unfair dismissal claim even if the 5 hours are worked on different days or times.

I RESIGNED BECAUSE I FELT PRESSURED TO RESIGN OR FELT I HAD NO OTHER OPTION BUT TO RESIGN. CAN I APPLY?

An employee who resigns from their employment can make an unfair dismissal claim if the resignation is viewed as a constructive dismissal. What is a constructive dismissal? A constructive dismissal is when the conduct of an employer causes the employee to resign. Examples of constructive dismissal include:


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negatively changing an employee’s employment conditions without their consent;

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failing to respond to complaints about entitlements, wages, safety, bullying or harassment;

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forcing an employee to resign by threatening to dismiss them if they do not resign; and

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treating an individual employee differently than others

If your resignation is viewed as a constructive dismissal, then you will be able to claim unfair dismissal.

Is my dismissal unfair?

In order for a dismissal to be unfair it must be harsh, unjust or unreasonable.

 

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

 

  • whether there was a valid reason for the dismissal related to the person's capacity or conduct (including its effect on the safety and welfare of other employees)
  • whether the person was notified of that reason
  • whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person
  • any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal
  • if the dismissal is related to unsatisfactory performance by the person—whether the person had been warned about that unsatisfactory performance before the dismissal
  • the degree to which the size of the employer's enterprise would be likely to impact on the procedures followed in effecting the dismissal
  • the degree to which the absence of dedicated human resource management specialists or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal
  • any other matters that the Commission considers relevant

WHO IS ELIGIBLE TO MAKE AN UNFAIR DISMISSAL CLAIM?

An employee is eligible to make an application for unfair dismissal if they have completed the minimum employment period of:

•  six months—where the employer employs 15 or more employees

•  one year—where the employer employs fewer than 15 employees

 

In addition, if the person earns more than $162,000 per year, at least one of the following must apply:

•  an award covers the person

•  an enterprise agreement applies to the person

 

Note: The application must be lodged within 21 days of the dismissal coming into effect.

Is my dismissal unlawful?

It's illegal for an employer to dismiss an employee for a number of reasons. These reasons include a person's:

  • Race
  • Colour
  • Sex
  • Sexual preference
  • Age
  • Physical or mental disability
  • Marital status
  • Family or carer's responsibilities
  • Pregnancy
  • Religion
  • Political opinion
  • National extraction or social origin
  • Temporary absence from work because of illness or injury
  • Trade union membership or participation in trade union activities
  • Filing a complaint