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Managers Unfair Dismissal Compensation Claim Solicitors
Wrongful dismissal within the context of employment falls into the two main categories of unfair dismissal and constructive dismissal which are quite different concepts. In the case of both unfair dismissal and constructive dismissal an application can be made under the Fair Work Act 2009 (FWA) for an order for reinstatement or for an award of compensation. Applications for unfair dismissal and constructive dismissal under the Fair Act 2009 must be made within 14 days of dismissal, with minimum continuous employment criteria of six months for employers with 15 or more employees and twelve months for employers with less than 15 employees :-
Unfair Dismissal
In order to succeed in an unfair dismissal claim under FWA it is necessary to show that the dismissal was harsh, unjust or unreasonable and in the case of a business with less than 15 employees that the termination of employment failed to comply with the Small Business Fair Dismissal Code. The code allows instant dismissal in certain serious circumstances but in other cases requires the employer to give the employee written warnings prior to dismissal.
Constructive Dismissal
The concept of constructive dismissal arises when employment is terminated by the employee who thereafter alleges that they were forced to do so as a result of unsatisfactory or unlawful working condition. The employee maintains that they had no other reasonable alternative available to them other than termination of their own employment and that they were effectively forced to do so by the prevailing conditions or circumstances at work.
Specialist Employment Claim Solicitors
Our specialist employment solicitors deal with compensation claims for unfair dismissal and constructive dismissal using the no win no fee scheme. If you would like free advice on unlawful dismissal of employment with no obligation from an expert lawyer just complete and send the contact form.
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