Employees enjoy some legal rights when they are working under an employer. They also have control over how their employment would end with a particular employer. For instance, when an employee gets sacked by the employer and they don’t have an answer as to why it was done, their action becomes unfair. If employees want, they can file and claim their unfair dismissal in a way they want, as a compensation or in any other way.
The unjust dismissal experienced by employees is very common. However, as per the law, an employer must give proper justification regarding why a worker was fired. That being said, if without any valid reasons your employer has dismissed you, you can ask for a claim. If unsure about what needs to be done, this article has got you covered. These simple steps will help you file a case for the unfair behaviour of the employer. This will also ensure that the same is not repeated with any other employee.
- 1 Prepare a Statement Well in Advance
- 2 Learn Basics by Educating Yourself on Dismissal
- 3 Gather all Possible Evidence At The Earliest
- 4 Ask a Co-Workers, If They Can Be your Witness
- 5 Attempt to Mitigate any Possible Loss
- 6 Get an Unfair Dismissal Case Registered with the Tribunal Just in Time
Prepare a Statement Well in Advance
It is the first step and one of the most crucial things that you should do to claim the unfair dismissal. If you are facing problems in your workspace for quite some time now, start noting down the things you think are unfair. Alternatively, start writing the things that happen to you, when you lose your job. The notes that you make will offer invaluable help to your solicitor and you as well. Hire an experienced and expert solicitor from unfairdismissalsaustralia.com.au.
After some time, you may forget what happened to you, but if you have them written, you will appear credible in front of the tribunal.
Learn Basics by Educating Yourself on Dismissal
You must understand a few terms that the solicitor of the tribunal use during the trial. If you are a complete novice, you may not understand what is going on, and you may not be able to defend yourself as well. A little education on the law is necessary so that you don’t get the key things wrong in the trial.
Moreover, if you can explain the case very well to the tribunal then it will make the process of identifying issues easy for them. This further reduces hassle. You will also have an idea of what you want to claim, and how to do that.
Gather all Possible Evidence At The Earliest
This is another crucial step you need to pay attention to. When filing an unfair dismissal claim, you can collect two different types of evidence to prove yourself right in front of the tribunal. One is a witness and the other is the documentary evidence. Documentary evidence includes almost everything that ranges from tapped conversations to emails, the minutes of the meeting, or anything else that might act as a proof before the law. You should research all possible evidence that you can collect on your behalf to prove your employer is guilty. Research is crucial since you may not know that you have a very obvious email in your inbox that would be great evidence.
Ask a Co-Workers, If They Can Be your Witness
Presenting evidence in front of the employment tribunal is of great importance. They are not aware of what happened and who is right and thus they will only believe the evidence collected. However, if even a single coworker is ready to be the witness in your trial, then it will be a great step towards success in winning the unfair dismissal claim. We recommend that you should have a word with them and get a witness statement very early in this situation since the employer may try to threaten them.
Attempt to Mitigate any Possible Loss
If you have suffered a loss of any kind, it is crucial to act reasonably so that the cost gets reduced to the extent possible. As far as the claim of unfair dismissal is concerned, you can try mitigating the loss in one of the best ways. It means you can either try to find a new job or get enrolled in the educational phase. This aspect is very critical and if a person fails to prove that they attempted to get their loss mitigated, they may not receive the compensation.
It is hence crucial to keep every record of the attempts made. You should take note of all the CVs sent, and also the replies received. If you have manually dropped a CV at a physical centre, note down the date on which you submit the CV and also the name of the person to whom you gave the CV.
Also, maintain a record of all the jobs you have applied for along with the date and time, and the position for which you have applied.
Get an Unfair Dismissal Case Registered with the Tribunal Just in Time
You should not delay filing a claim for your unfair dismissal. The recommended time limit, within which you should file a claim is within three months from the date you were being dismissed from employment. You can also make a claim just after your notice period with the organization is over. The tribunal generally doesn’t accept late claims. If due to some reason you miss the deadline of filing a claim, you can get started with the procedure, as soon as you realize.
You may have to answer a couple of mandatory questions that include, a powerful reason regarding why the claim was filed so late, and that may reduce your winning chance.
In some cases before filing an unfair dismissal, you can try to have a word with your employer and try to resolve the dismissal. If this is not the case with you, you can choose to file an unfair dismissal against your employer and hire a solicitor. A professional solicitor will help you understand the case better so that you are aware of your rights.
Employers shouldn’t dismiss their employees for any insignificant offence that they do. Employees can ask for their choice of claim, and when they win the case, employers have to award them with the decided claim.