Traditionally,state-based systems have dealt with unfair dismissal,constructive dismissal and unlawful termination.

In both New South Wales and Queensland there were provisions which dealt with unfair contracts and under the Federal Workplace Relations Act there was a new section which dealt with subcontractors.Irrespective, all of this has now changed with the focus being;awards, unfair dismissal and unlawful termination claims by employees of companies.Legislation sets a probationary period of six months which can be reduced or extended by agreement.Where there are genuine operational reasons which lead to termination then an unfair dismissal claim cannot be brought.Unfair dismissal claims can only be brought where they do not exceed the salary cap or they fit within the statutory exception.

Please note that LAC Lawyers only act for employees & executives who earn in excess of $125,000 pa (including Super).If you feel that you have been unfairly treated by your employer,contact LAC Lawyers today.

Once a claim is filed the employer will be notified and the employer then has a right to file in a reply to the complaint.Employees can appear by themselves or bring along someone to the hearing for general support.However, consent of the Commission is required if the Employee want to be legally represented at the Hearing. The role of the Commission is not to advise on legal issues but to merely to help develop solutions.

Therefore,it becomes extremely important that you seek legal advise prior to lodging the complaint with Fair Work Australia as in the event you do not have legal representation at the hearing, you would have still obtained sound legal advice when the complaint is lodged.

When there is a genuine need to dismiss the employee due to business turnover, that would not be an unfair dismissal and a claim cannot be lodged with Fair Work Australia.A claim by the aggrieved employee for unfair dismissal is lodged with Fair Work Australia within 14 days of dismissal. Therefore it is of utmost importance that you act quickly as the matter needs to be dealt with as soon as practicable. The remedies available in a successful claim are re-instatement, re-employment and/or compensation. The dismissal would have to be genuine and not be a replacing the out going employee with someone new, who carries out the same duties.