What Classifies A Wrongful Termination in Melbourne?
Almost all Australian employees are protected from unlawful or wrongful dismissal (only some are protected from unfair dismissal). High-income employees including executives, casual employees, even employees serving a probationary period are covered by the Fair Work Act. The termination of employment is wrongful when it is for the wrong reasons. The wrong reasons are often referred to as prohibited reasons and include wrongful discrimination by reason of age, colour, creed, parental responsibilities, pregnancy, and political opinion. A proven wrongful dismissal usually results in a fine or penalty against the employer because it is socially unacceptable, not merely unfair, or unjust (commonly an unfair dismissal).
Wrongful dismissals extend to protected workplace rights. In Australia, it is recognised that people have the right to speak up against their employer where they are being mistreated in terms of statutory rights, common law rights and contractual rights. In short, the employer must not take adverse action against an employee who exercises certain rights. The Fair Work Act defines these unique general protection provisions.
Claims of wrongful dismissal under the general protection provisions are difficult to prosecute. Nevertheless, McDonald Murholme has actively pursued workers rights in this area to a greater extent than anyone else. It has the experience required. If you would like to explore your options regarding wrongful dismissal legal representation through the Fair Work Commission call now to speak to one of the team.
You do not have to wait until you are dismissed before you call McDonald Murholme. If you are experiencing challenging and unlawful treatment at your workplace, our team is ready to provide guidance and walk you through options for moving forward.
Having represented many employees against wrongful termination in Melbourne, our employment lawyers have maintained a reputation for achieving top results.