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Termination of employment
Has your employment been or about to be terminated?
Under the amendments to the Workplace Relations Act 1996 in
effect since 27 March 2006, employees employed in businesses with fewer than
101 employees are no longer eligible to claim unfair dismissal.
This means that if you are employed by a business that
employs fewer than 101 employees, you will not even meet the threshold
requirements for being able to claim that your employment was terminated in
circumstances that were harsh, unjust or unreasonable.
However this does NOT necessarily mean that you are left
with no legal avenues by which to challenge your dismissal or to at least make
sure that you are adequately compensated by your employer.
Regardless of the number of employees in the business from
which you have been terminated, you may still have several options available to
you including claims for:
• > <a
href="http://www.rosendorff.com.au/">unlawful dismissal</a>
(as opposed to unfair dismissal) – and you may even be eligible to receive a
government subsidy up to the amount of $4,000 to run your claim
• > wages
and conditions arising from Award non-compliance
• > breach
of the Trade Practices Act 1974
• > breach
of contract including breach of implied contractual terms
• > breach
of workplace policies
• >
defamation
• >
bullying and sexual harassment
• > breach
of the Independent Contractors Act 1996
• > notice
payments
• >
redundancy entitlements
As a firm with extensive employment law expertise, <a
href="http://www.rosendorff.com.au/staff-david-natenzon.html">Rosendorff Lawyers</a> will be
able to assess your termination situation and comprehensively advise you of
your options – which may turn out to be far greater than you had imagined.