Illegal Dismissal: Understanding What It Is And What You Can Do About It
- Written by News Co Media
When you start working for a business you may have a probationary period. This is the time when you find issues with the company and they find them with you. In short, it’s the opportunity o ensure you are happy with each other.
Although your rights in the first year are limited after you’ve worked for an employer for one year you can’t simply be got rid of. You should get holiday pay, a safe working environment, and most importantly, you shouldn’t suffer from illegal dismissal.
What Is Illegal Dismissal?
Illegal dismissal simply means the company has let you go when they weren’t legally entitled to. In other words, you’ve lost your job and haven’t actually done anything to justify it.
The law states that you cannot be dismissed from your job for being pregnant, ill, or simply because the employer doesn’t like you. In fact, you can only be dismissed for illegal activity, harassing other workers, poor job performance, or too many unexcused absences.
If you’ve been dismissed for any other reason it is likely to be illegal dismissal.
You should also note that if you’re being dismissed, regardless of the reason, the employer must follow a set protocol. This is to ensure you know what the issue is and you have time to defend yourself. The protocol ensures you have access to the information you need to disprove any claims made against you or rectify any performance issues.
You should never be simply dismissed, failing to follow protocol is automatically illegal dismissal.
What To Do If You Think You’ve Been Illegally Dismissed
You should be aware that you only have 21 days from the date of dismissal to file an illegal dismissal claim. That means, even if you think, but are not sure, that you’ve been illegally dismissed, you should contact these reputable employment lawyers Melbourne. They will assess your case and tell you if you’ve been illegally dismissed.
The lawyers can also help you to gather all the evidence you need and they will fight your case for you.
It’s not essential for you to know everything about the law, that’s what lawyers are for. All you have to do is take the first step and ask them if you have a case. It is always worth talking to them when you have been unexpectedly dismissed. Your employer may assume you are ignorant of the rules and that they will simply get away with it.
Your Contract
Every employee should be given an employment contract and copies of all the employee handbooks and guides. It may be tedious but you should read these. It will ensure you are aware of the procedures the company has in place. This will make it much easier to know when they are breaking their own rules. That’s when you should seek professional help.
Companies tend to believe they are large enough to do what they like to employees. But, the law exists for a reason. If you’ve experienced a surprise termination you need professional help fast.
