If you feel you were unfairly fired or fired from your position (because of discrimination, bullying, or outright lying), you can file a complaint against your employer through the employment tribunal. In court, your case will be heard by a panel of three, each with a background that enables them to make a fair and impartial decision (such as being a trade unionist, employer, or qualified lawyer). Because employment law can be very complex, you stand a better chance of winning if you have a wrongful termination attorney on your side. With the help of your lawyer, you will need to prove to the court that your constructive dismissal claim is valid. You will need to do this via:
Prove that you were fired for an unfair reason, such as being pregnant or belonging to a union.
OR
Proving that your employer did not follow due process in deciding to terminate you or did not have reasonable cause to do so.
To adequately prove this to the court, your attorney will need evidence to support your case. This could be in the form of emails or even witness statements provided by your colleagues. Your employer can present evidence to suggest that your dismissal was fair, but you will be given the opportunity to challenge it.
The main reason a wrongful termination attorney is so valuable during the court process is that the rules governing how the hearing is held and what evidence can and cannot be admitted are very complex. While you may not understand how this works at all, your attorney will be able to explain to you why some things are allowed and others are not.
If you are successful in your claim for unfair dismissal, the court will award you compensation. Your solicitor can be involved in this process by providing evidence of any hardship you have experienced as a result of losing your job. There are two types of compensation that can be awarded to you: basic (which is given as a reflection of whether your rights have been infringed, whether or not you have suffered hardship) and compensatory (which is given as a reflection of the hardships that your attorney may have outlined).
Because you’re unlikely to have the understanding and knowledge to file a claim in an employment tribunal on your own, it’s always advisable to enlist the assistance of an experienced wrongful termination attorney. They will represent you in court, speaking on your behalf and presenting your case in the best possible way. Learn more about things your boss can’t legally do australia.
