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The law concerning unfair dismissal has worked to place the steps of fair procedure at the forefront of an employer's mind when contemplating disciplinary procedures or the dismissal of an employee. A detailed knowledge of the employment law and the situation pertaining to the unfair dismissal is required to build a logical and worthy case against those accused of unfair dismissal; otherwise, the chances of successfully bringing an unfair dismissal action against a current or former employer is limited. Just as you would search and secure the professional services of a lawyer in the case of developing employment contracts and agreements, the same professional advice is essential in any situation of unfair dismissal. An investigation of the case by the Employment Relations Authority often follows and in some cases, a hearing before the Employment Court. Ensure that you receive the professional advice regarding your personal grievance and complaints, along with the professional representation required to successfully bring a claim of unfair dismissal.

In Australia, employees who are unfairly dismissed during probation periodhave 14 days from the date of dismissal to bring an unfair dismissal claim. Before dealing with the merits of an unfair dismissal claim, Fair Work Australia must determine whether:1. In considering whether a dismissal was harsh, unjust or unreasonable, Fair Work Australia must take into account:1. A person involved in an unfair dismissal case before Fair Work Australia must meet their own costs. Otherwise, FWA may award up to 6 months salary and/or reinstatement in compensation for a successful unfair dismissal application.

We have found an increase in concerns about current workplace situations and have assisted many employees looking for advice, typically in the following areas: Unfair dismissalsDiscriminationUnlawful dismissalHarassment and bullyingForced redundancyAward rates and conditions (Ring Workplace Ombudsman 131394)Wages and money owed to employees (Ring 131394)Disputes within the workplaceIf you are still employed and your enquiry is to do with wages, rates or money owing the simple and most effective option for you is to call the Federal Workplace Ombudsman’s office on 131394. The Coronavirus pandemic brings with it rules, regulations and loopholes that govern as to how employers operate and issue redundancy to employees who wait in anticipation. Concerned that you may be dismissed?If you feel you are about to unfairly dismissed or made redundant from your company you can call us here at Unfair Dismissals Australia and remain anonymous to get advice and an idea on your options going forward? The employer must be able to demonstrate that: There is a stoppage of work.The employees to be stood down cannot be usefully employed (This is not limited to the typical work the employee performs).The reason for the stoppage must also be one that the employer cannot reasonably be held responsible for.Coronavirus and Australian workplace lawsLast updated 26 March 2020 | Published 4 February 2020 When considering our guidance, we encourage employees and employers to work together to find the most beneficial and workable solutions that suit their individual workplaces and staff. We are all facing difficult and unprecedented circumstances, and it’s in everyone’s interests to try to reach productive and cooperative solutions. Australian Government information about coronavirus (COVID-19)Please visit: Australian Government Department of Health – for the latest information on the virus, including requirements and conditions for isolation and quarantine periods and when testing should be soughtServices Australia – for information and services to help you if you’re affected by coronavirus, including Centrelink payments and supportAustralian Government Treasury department – for information on the Federal Government’s economic response to coronavirus, including information on support for individuals, businesses and the economy.Australia.gov.au – for the latest coronavirus news, updates and advice from government agencies across AustraliaBusiness.gov.au – for information about financial assistance, eligibility and timing for new government support for Australian businesses.Health and safety in the workplaceDepartment of Health – information for employers about coronavirus, who is most at risk in the workplace, and what to do to help stop it spreadingyour State or Territory Public Health Unit’s website – for local coronavirus response activities and adviceSafe Work Australia – for information and referrals about managing the risks of contracting coronavirus in the workplaceyour State or Territory workplace health and safety body – who can also assist with workers compensation enquiriesComcare (Commonwealth) – for Australian Government employees and for employees of organisations which self-insure under the schemeSmart Traveller’s webpage on coronavirus Office of the Australian Information Commissioner (OAIC) – for information on privacy obligations for private sector employers (including health sector providers) relating to coronavirusCommunicable Diseases Network Australia (CDNA) – for nationally consistent advice and guidance to public health units on coronavirus (COVID-19).Enforceable government directions“Where an Australian state Government or officer makes an order that is enforceable under the law (an enforceable government direction) and which prevents an employee from working, an employer is not required to pay the employee (unless the employee uses paid leave entitlements).” – Fairwork Australia This could occur, where a work site or workplace has been closed down either temporarily or indefinitely.