Key Signs That Your Job Termination May Not Be Legal

Key Signs That Your Job Termination May Not Be Legal

No matter the reasons and circumstances surrounding the job loss, the person finds it hard to cope with it but worse more is when there is an unexpected termination. Although employers in Australia are primarily free to terminate tribunal employment for good causes, there are certain restrictions to ensure that such terminations are lawful.” Lesley You have become a violent sacrificial scape goat decommissioner. autonomously is an abuse Lesley ambiguously conveys. If you’ve just lost your job and feel it was done in a wrongful fashion, let’s look at the illegal dismissal signs one by one. Knowing this will help you assess whether you need to take further steps to exercise your rights.

1. Termination Without a Valid Reason

Employer’s ultimatum of a failure to re-employ is the first defence every workman is required to mount when reproached for termination. In most cases, an employer must provide a clear and justifiable reason for dismissing an employee, particularly when the employee has been with the company for more than six months in a larger business or 12 months in a small business.

If a notice of termination was served to you and you were not informed about any of the reasons that could hardly qualify as a valid one for termination-for instance, misconduct, poor performance or redundancy, then it is likely that your termination was not within the law’s framework. In certain situations, especially in annulments governed by the Fair Work Act, unfair dismissal claims may be made if there was no acceptable explanation for the dismissal.

For advice on navigating this complex area of the law, many people seek guidance from employment lawyers. Employment solicitors work with individuals and help them ascertain if the termination was justified within the confines of the law.

2. Discrimination Played a Role

Discrimination is one of the inordinate factors that can culminate in termination of employment. It is unlawful to fire someone in Australia for reasons of protected attributes such as age, gender, race, disability, pregnancy, religion and others. If you suspect that your termination was somehow spurred by any of these elements, you may very well have the typical circumstances for an unlawful dismissal claim.

For instance, if you were terminated while pregnant or shortly after your announcement, or if you were terminated for a disability which did not interfere with taking care of your work, than these are some of the cases where one may suspect such is discrimination against such persons. In a similar way, there must be suspicion included in the termination procedure, whenever people of a particular race or gender or any other characteristic, in fact, get fired disproportionate more.

Discrimination even at the place of work is complex in nature and may go un-corrected and even un-persecuted, yet this does not have to be the case as one can still be vindicated against any cases of injustice formulated against him or her in the work context. Keeping detailed records and seeking advice is vital in case discrimination is suspected.

3. Retaliation for Asserting Your Rights

Did you file a complaint on working conditions and were only dismissed after that, complained of or applied for leave and was only dismissed after that? In that case, finding yourself within such situations would warrant retaliation termination of employment when it has been established that such behavior is illegal in that country.

In Australia, any person participating in any of the activities protected by workplace laws is protected from being negatively affected by these actions. For instance, parental leave, making any complaints related to risks at the workplace, and all forms of reporting of discrimination or harassment. You are not allowed to punish employees for such actions, and any attempts to do so can be attacked as illegal and used to support arguments against your firing.

For that matter, if you requested a flexible work schedule for your responsibilities after returning from parental leave and were fired not long after, that would be termed retaliatory dismissal. Retaliation can also be the case if, for instance, you brought to management’s attention unsafe working conditions or violations and then were dismissed.

4. Breach of Contract

And lastly, if your dismissal contradicts the employment contract, then this may also be a legal term for unfair or wrongful termination of employment. In Australia, many employees are employed on written contracts which includes the grounds for termination if any. If there is a breach of contract by your employer by illegally terminating you without proper notice or severance pay then you have legal options.

For instance, if your employment contract provides for termination with a minimum period of notice and the employer fails to observe that notice period, there are very high chances that this would lead to an unlawful dismissal claim. Additionally, if your contract states that you can only be dismissed for serious misconduct or after a formal disciplinary process, and this process wasn’t followed, you may have been unfairly dismissed.

Even in instances where there is no implied contract because the parties did not get down to signing any formal written contract, the law tends to recognize some terms within the employment relationship such as the general expectation of fairness and the need for due process. It is advisable to look at the relevant documents or contact a lawyer if you think that anything in these agreements has been violated, which led to your wrongful termination.

5.  Redundancy Was a Pretext

Redundancy is acceptable in most cases as being a reason for dismissal in Australia but it has to be real. Employers have some obligations that have to be met to prove that a redundancy is real and not a pretend out, for example: offering to relocate an employee within the company if such opportunities are available and giving sufficient time/ severance payment.

However, if that was the reason that you were made redundant but the job still exists or someone else was recruited into the same role that you were in, then this is telling that the redundancy was never real in the first place. In the same way, if others were given secondment assignments and you were not, there is no doubt that it is warning.

Just like other laws imposed on employers regarding redundancy, Australian Laws on redundancy protect employees from dismissal under the pretext of reorganization of an office, therefore, fas it is up to you to make sure that your dismissal followed the law.

6. Procedural Fairness Was Ignored

Procedural fairness refers to how a fair process should be adhered to by employers in their decision to screen out certain employees. This is most particularly important where the employee is being dismissed for performance or other difficulties. This term is known as procedural fairness and implies the need to hear the employee’s side before the he or she is sanctioned, to rule for deductions in pay where necessary, and to observe rules set forth by the organization.

This is an argument for prevention of dismissal without investigations. It may also constitute defiance of due process (procedural fairness) if no notice of dismissal was issued to the employee. Employees may be compelled to give performance based reasons for dismissal in the absence of performance reviews. Not all reasonable efforts are taken to ensure there is documentation done pertaining any performance issues or problems that may lead to termination.

Some employees, especially abroad and those having the foreign employment induction have no protections against unfair dismissal claims. Making an incorrect decision on how to procedure a termination may result in a complaint of unfair dismissal and indemnification of damages especially when the wronged employee is emotion-driven and if given time lass prejudice he would have recovered from the psychological state.

7. Termination after Taking Leave

Do you mean that you were naturalized shortly after availing yourself of leave, like sick leave, parent leave, or furlough? If yes, this may be another sign of the wrongful termination. In Australia, some categories of employees are entitled to claim a leave of absence under the National Employment Standards (NES), and an employer cannot fire an employee who wants to use these rights.

For example, when an employee is terminated almost immediately after going on sick leave, it indicates that the employer was engaging in improper intimidation for entitlement usage. Likewise, in most cases, terminating an employee due to, or after the duration of the parental leave or not returning them to their original or an equivalent role is a form of constructive dismissal.

8. Your Employer Did Not Provide a Fair Warning or Opportunity to Improve

However, where the decision to terminate is performance based, your staff has a legal duty generally to furnish fair notice as well as sell an improvement plan prior to effecting any of these decisions. This is also the reason why when it comes to the Disciplinary Procedures all employers within Australian law will have to observe the Legal Principle of natural justice.

Being dismissed from employment for poor work performance suddenly and crudely without prior warning or rushing in and trying to solve the issues first raised without permission may also mean that this particular termination was mismanaged. In most situations, there exists the concern management process that most employers do in regard to their employees and there is indeed concern with the employee’s performance.

If you were fired from the Company and there has been no prior discussion of any performance issues with you, it could also mean that the reasons for the firing were not justified.

Ending job relationships is always terrible but it is worse when it is because of some reasons that are illegal or that sound unreasonable. There are many happenings and several occurrences which may lead one to believe that their dismissal was unlawful which includes but is not limited to being sacked without any reason or being the target of discrimination and even harassment. If you think any of these contributed to your dismissal and you have not done so to find an immigration lawyer, you must do so and examine any legal scenarios available to you.

Australian employment laws prohibit or place strict limitations to all forms of discrimination targeting employees. If you have been offended because the reasons for the termination make you believe that the termination was unlawful contact a legal expert immediately concerning your case. It’s even more important to exercise any available remedies to ensure that the termination, should it occur, is fair and lawful.