Is it worth it to fight for your rights if your employer has wrongfully and unfairly terminated you? If you’ve been wrongfully terminated and aren’t sure whether or not to file an unfair dismissal claim, this article should enlighten you on what to do. After being fired or laid off, many employees ask themselves if they should look for an unfair dismissals lawyer Melbourne to help them get back to their employers. To help you decide, read on below for some reasons why you should consider filing a claim.
You Need to Clear Your Name and Clean Your Record
As a first step, take a stand for yourself and, with the help of an unfair dismissals lawyer Melbourne, file a claim if you feel you were wrongfully dismissed. Many individuals lose their jobs, and they don’t necessarily agree with the reason behind it. Therefore, if you think differently on the grounds of your dismissal, you must contest this judgement and clear your reputation in the court of public opinion. Otherwise, it will have a negative impact on your subsequent job opportunities and overall career. As part of the unjust dismissal procedure, you can request for the employer to reverse the termination and give you a chance to file your resignation instead.
Pre-trial settlements between a former employee and their former employer are often represented in legal documents called “Terms of Settlement” or “Deed of Release.” The purpose of these documents is to put in writing the parties’ agreement and state that they have done so without admitting any blame or fault. Clauses like confidentiality, non-disparagement, and release are often included in these documents, and they’re there to protect you and your future.
Both parties will benefit from a document of this sort, which will give legal comfort in the case of wrongdoing or enmity. Many workers will file a claim for unfair dismissal to clear their name and have a resignation recorded on their personnel file due to this kind of arrangement. This could be a significant factor in securing a new job.
Getting Legal Counsel is Affordable
Employees are not required to seek legal counsel or hire legal representation when filing an unfair dismissal claim. But if they do, the application fee for a claim of unjust dismissal is quite affordable and can even be waived in circumstances of extreme financial difficulty. However, it is highly recommended that you hire an unfair dismissals lawyer Melbourne since it provides you with the highest possibility of achieving a favourable outcome.
To show the Fair Work Commission and the other party that you are pursuing the issue seriously, you will need an unfair dismissals lawyer Melbourne to help you understand what the criteria are. Participants in these talks and hearings who want the most favourable result must assume both the moral and legal upper hand in their undertaking.
Because of the widespread belief that obtaining justice is an expensive endeavour, many individuals are reluctant to take legal action. This isn’t particularly true. The legal expenses associated with a claim before the Fair Work Commission are far lower than those associated with a lawsuit in a higher court. Therefore, with regards to the cost, applicants should not be discouraged from filing an unfair dismissal claim at all.
You want to make Your Employer Pay
The promise of monetary compensation is one of the most enticing features of a claim for unjust dismissal. Although, a legislative limit on how much money you can demand is important to keep in mind. Compensation for claims on unfair dismissals is capped at 26 weeks’ pay or half of the high-income level immediately before the termination, whichever is less. In place of reinstatement, this kind of compensation is intended to make up for losses that can be traced back to the employee’s wrongful termination. This means that no damages may be given for the emotional pain or embarrassment caused. Your unfair dismissals lawyer Melbourne can provide more details on this if you have some doubts.
If an employee was fired, the Fair Work Commission will look at how long they worked for the company, what the employee would have earned if they had not been fired, how much money they made from work or other jobs, and how much money they made from other jobs.
As mentioned above, there is a compensation cap of 26 weeks, so even while unjust dismissal claims may be affordable to pursue, the amount of money that you might receive can be deemed a “poor return.” No matter how many weeks of money a person gets while seeking new employment, it’s helpful when they’ve lost their job.