Dismissal refers to the termination of the employment by the employer. This could be under various circumstances that the employer did not give you any warning or prior notice and fired you or asked you to give your resignation. But in the case, when you know that the employer fired you against the terms of the contract that you had signed with the company and there were no apparent reasons behind this dismissal then you can file the unfair dismissal case against your employer and for this you will be need an unfair dismissal lawyer.
You should know that this matter is complex and the employer could use anything in his power to prove you wrong and this could lead in not only losing the case but the employer could build a strong case against you and you could be subjected to heavy penalties. Therefore, if you decide to file the case, it is of utmost importance that you hire the commercial lease lawyers in North Shore NSW. This lawyer is dedicated and spent years to understand the laws and terms of this. The unfair dismissal lawyer will walk the client through what legal rights he has and how these could help him in his case. In some cases, it is possible that the client is just not seeing the things through and what he considers an unfair dismissal is not actually unfair but is according to the law and the terms and conditions that the company had. In this case, the unfair dismissal lawyer will tell the client to drop the case because it is in the best interest of him.
What are the solutions for the unfair dismissal?
Usually there are two solutions which for this, one of which is the abiding of the initial contract that was signed between the employee and the employer and the second is the compensation by the employer for the damage of the employee. Although in most of the cases, the court agrees on the compensation because court is not in favour of the two parties who had their misunderstanding working under the same roof again because it would not benefit any of these and there will not be any productivity in the work as well. Therefore, the compensation is most reasonable approach to this dispute in which the contract is also taken in consideration and the employee is compensated according to the terms mentioned in it.
Is there any kind of time limits to unfair dismissal filing?
The case needs to be filed within 21 days of the dismissal ideally but in some cases it could be delayed. Although in case of delay filing there are certain things which the filer needs to answer for such as the reason for the delay etc.