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Your Dedicated Employment Lawyer at Lander & Co

Wherever there are people with unique personalities and preferences, conflict and other issues are bound to arise. The reasons for these problems vary, and if you find yourself in a situation that requires a legal response, you need an employment lawyer by your side. 

You have several options for a legal response that can run concurrently in relation to a legal problem that an employment lawyer can assist you with including:

  • Appealing the decision internally.
  • Lodging a workers’ compensation claim.
  • Making a Fair Work Commission application to stop harassment or challenge an unfair dismissal.
  • Seeking and accepting voluntary redundancy. 
  • Making an application to the Human Rights Commission concerning provable discrimination.
  • Making a Federal Court application for a breach of the general protection provisions.
  • Making a Public Interest Disclosure.

How an Employment Lawyer Around Canberra Can Advise

The decision about what you are going to do is a crucial one that you will have to make quickly and is the easiest decision to get wrong! Each step that you take will have an impact down the track. If you rush into one pathway without first seeking advice, you may miss out on taking a different approach, which may have resulted in a better outcome. 

For example, in certain cases, you can lodge an application with the Fair Work Commission for unfair dismissal or demotion or if you have had no choice but to resign. Casual staff can occasionally also lodge these types of applications.

At Lander & Co, we undertake retainers in the Fair Work jurisdiction. We have assisted several clients who were the subject of Code of Conduct investigations and dismissals. As a reputable employment law firm, Katie Hrobelko, or David Lander will take charge of your matter so that you will not need to explain your circumstances to different lawyers.

We are one of the Fair Work Commission Workplace Advice service providers. 

We pride ourselves on getting to know and understand our clients well, obtaining a global appreciation of their circumstances. The benefit of this approach is that we undertake our work with an overall strategy and consider how each step will impact other aspects of your life, health and pocket and pocket.

The Process to Tackle An Unfair Dismissal

You need specialised employee legal advice, whether it’s in relation to lodging an unfair dismissal claim, general protections claim, or a claim against bullying. 

The steps you take will differ depending on the type of matter that you are pursuing and a dismissal may involve either an unfair dismissal claim or a general protections claim.  

For example, we would ordinarily follow the following steps in relation to dismissal cases brought under the unfair dismissal legislation:

Determining if You Can Make an Application

Unfortunately, not all employees may lodge a claim for unfair dismissal, and the size of your employer, your status (i.e. casual or permanent), how much you earn, and the time you have been employed is relevant to whether you can apply.

Lodge Application

You have 21 days from the date the dismissal takes effect to apply. This deadline is strict, and extensions are granted only in rare circumstances.

Prepare Case

Both sides then begin to prepare their case.  The employer will provide a statement in response to the application. If the employer objects to the jurisdiction of the tribunal to hear the matter, a jurisdiction conference will determine this question before the matter can proceed.

Conciliation Conference

The parties meet for a conference with a Fair Work Commission Conciliator, usually by telephone to attempt to resolve the issue/proceeding.

Arbitration Conference/Hearing

An arbitration conference or hearing occurs before a Fair Work Commission Member to determine whether the dismissal was unfair. The Member makes a binding decision.

Appeal

If you don’t accept the decision that the Commission makes (other than the decision of a Full Bench Expert Panel), you can appeal the decision with the permission of the Commission. There isn’t an automatic right to appeal.  There is a strict time limit of 21 days from the date of the issue to appeal. You can only appeal the decision if it is in the public interest and there is a significant factual error or an error of law.

Appealing a Decision of FWC to Federal Court

Parties who don’t agree with the outcome of an appeal that the Fair Work Commission hears may apply to the Federal Court of Australia for a judicial review  only in extremely limited circumstances.

The Team You Can Trust

We understand the intricacies of the law surrounding the workplace. Let’s win your battle together.

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