The best thing about the world we live in is the fact that although we are all vulnerable to injustices, our justice system will always find a way to protect our rights through laws. One very important law that every employee needs to be familiar about is the Unfair Dismissal Acts 1977-2015. The circumstances that fall under this category includes the following:
- When your boss terminates your employment with or without prior notice
- When your contract of employment is terminated as a result of a demeanor of your employer. This type of dismissal is called constructive dismissal.
If you believe that you have been unfairly dismissed by the company you are working for under any of these circumstances then you have all the right to call unfair dismissal lawyers Sydney so you can file a complaint of unfair dismissal against your boss. Even though the law of unfair dismissal will not protect you from being terminated, it is there to provide you with a system of appeal where you can request an explanation regarding the fairness of your termination.
But it is important to know that you need to qualify before you can bring a claim under this law. To qualify under the Unfair Dismissal Acts 1977-2015 you must meet the following requirements:
- File Within The Time Limit
You can qualify to a claim under the Unfair Dismissal Acts within six months from the date you were wrongfully fired. Sometimes, the law grants extension up to a year from the date you were fired but you have to have a reasonable cause for the delay. Saying that you were not aware of the law is unacceptable.
- Continuous Service
Ideally, you should complete a minimum of a year of continuous service in the company for you to qualify to a claim of unfair dismissal. But like any rule, there are exceptions. You can still qualify for a claim even if you were only employed for less than a year under the following circumstances:
- Pregnant or breast feeding or any cases that are linked with pregnancy or child birth
- Train union memberships
There are also certain situations where a termination of employment is automatically considered unfair dismissal. These are the following:
- Political opinions
- Religious opinions
- Sexual orientation
- Pregnancy or Breastfeeding
The Unfair Dismissal Acts do not apply to the following:
- If you are still under sixteen years old
- If you are working for a relative in a private farm or house and if you live with them in the same farm or house
- If you are a member of the Defense Forces
- If you are a member of the Garda Síochána
- If you are still undertaking fulltime training
These are just some of things you need to know about unfair dismissal. There is still so much to discuss that is why we suggest that you discuss this in more detail with your unfair dismissal lawyer so you will be fully informed about your rights to a claim. But the pieces of information presented here are enough to let you know if you were wrongfully terminated.