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UNFAIR TERMINATIONS AUSTRALIA
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Who Can Make An Application?
An employee (or an industrial association entitled to represent the employee) who is not a national system employee, or a national system employee who is not eligible to make a general protections application may make an unlawful termination application to the Commission if their employment has been terminated and they believe that the termination was in contravention of section 772(1) of the Fair Work Act 2009.
Making an Application
If an employer has terminated an employee and they believe this action was done because of prohibited reason, the employee has 21 calendar days after the termination took effect, to lodge an application in the Fair Work Commission. Once an application is lodged, the Fair Work Commission will set the matter down for a conciliation conference, a private proceeding conducted by an independent conciliator. This conference is an informal method of resolving the dispute in which an independent conciliator will assist the parties in exploring options for resolution and help them to reach an agreement without the need for a formal hearing or court proceedings. If either party objects to a conference, an application for an interim injunction can be made and the matter can proceed directly to court.
Settle Your Case And Get Paid Now
The Act provides employees with the right to not be discriminated against in the area of employment. Thus, an employee cannot terminate an employees’ employment or deliberately treat an employee, or a group of employees, less favourably than other employees because of their race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin. Discrimination in this context is not limited to a direct and conscious distinction based on an employees’ protected attribute but could encompass indirect discrimination.
Indirect discrimination is conduct that appears neutral but impacts disproportionately on a group with a particular protected attribute and thus could amount to, or result in, less favourable treatment. For instance, an employer that imposes a full-time work policy after an employee returns from maternity leave on a part-time basis, is arguably indirect discrimination. The discrimination occurs as the employee is required to work full-time as a necessary condition to maintain their position with the employer. This requirement is a condition that would disadvantage or is likely to disadvantage women as it is not reasonable in the particular circumstances. This may force women to resign as they have no other choice and this can constitute unlawful termination.
Why Contact Us?
Unfair Terminations guarantee your confidentiality. Speaking to one of our professionals comes with no risk on your part. Call today and see just what we can do for you.
Employers fear us. 85% of cases do not see the inside of a court room. Unlawful terminations are handled swiftly. We are your unfair termination experts. Call a professional today.
If you are in a position where you deserve a pay out, have no doubts we will get it for you. Our goal is to achieve the maximum payout for you and your family.
Unlawful Terminations Australia
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Servicing All Australians
Unfair Terminations Australia provide services and support to all Australians in every state. This includes QLD, NSW, SA, VIC, ACT, NT, WA and TAS.
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Unfair Terminations Australia are available 7 days a week. Call 1800 333 666 and get advice from a friendly expert who can begin assisting you now.