Industrial & Employee Relations
Fair work Representation – individual
Should you believe that you have been unfairly dismissed or that you have a claim in which you would like assessed or represented HR Transformations has the expertise to help guide you through. We offer free case evaluations to help you determine where you stand and qualified HR representation.
Employees who have or believe they have been unfairly dismissed, can lodge an Unfair Dismissal Application to the Fair Work Commission within 21 days after your dismissal takes effect.
Under the Fair Work Act 2009 (Cth), a person has been unfairly dismissed, if the Fair Work Commission is satisfied that an employee has been dismissed and the dismissal was harsh, unjust or unreasonable, and was not a case of genuine redundancy.
Employees who have or believe they have been unfairly dismissed, can lodge an Unfair Dismissal Application to the Fair Work Commission within 21 days after your dismissal takes effect.
When assessing whether a dismissal is harsh, unjust or unreasonable, the Fair Work Commission must take into account:
- Was a valid reason for the termination which relates to the employees’ capacity or conduct;
- Was the employee was notified of this reason;
- Was the employee was given any opportunity to respond to that reason;
- Did the employee receive warning about unsatisfactory performance prior to the termination if this was the reason for the termination;
- Other matters that might be determined by the Commission
- Assessment of claim
- Lodgement of Unfair Dismissal Claim
- Response from your previous employer
- Mediation*
- Fair Work Hearing *
- Settlement
*not all unfair dismissals will require mediation or advancement to a hearing.
At HR Transformation we will ensure you are kept up to date the entire time of the progression of your claim and requirement for attendance at a mediation or hearing.