02 9889 2239
Connect Legal, its principal solicitor Jake Boghossian and its senior solicitor Richard Aslanian have been representing clients in defending their workplace rights with a combined experience of over 20 years. Connect Legal has achieved significant financial and non-financial results for their clients and take passion in ensuring your employment rights are safeguarded.
When instructing Connect Legal to defend your unfair dismissal claim we take very extensive instructions in relation to your employment circumstances, not limited to your award and contractual rights, performance KPIs, and the reasons leading to your termination.
Thereafter we lodge detailed written submissions with Fair Work and this forms the cornerstone of our resolution strategy. Throughout the conciliation stage, we remain very observant to what your past employer defence and ensure we achieve a very sound and beneficial resolution.
When dealing with Connect Legal rest assured your rights will be safeguarded, we will resolve the claim in accordance with your instructions and to the best of our abilities.
Our legal services will be undertaken on a No Win No Fee basis as has been the case from inception when we commenced defending employee rights in the late 90s.
Please note there are only twenty one days (21) from the date of your termiantion to lodge an unfair dismissal claim and please contact our office on 02 9889 2239 at your earliest opportunity.
Finally, in some circumstances when one has exercised their workplace rights in relation to their award, overtime, superannuation, work, health and safety, workplace bullying and discrimination, one may also consider launching an adverse action claim.
We have been defending employee workplace rights for over 20 combined years and have achieved significant results for employees who have been dismissed unfairly. In many instances, employers use a simplistic excuse to terminate one’s employment and it is crucial one conducts a forensic examination to properly ascertain the reasons for termination. At Connect Legal, we undertake extensive interviews prior to lodging your written submission with Fair Work Australia and clearly articulate in fact and in law how your dismissal is unfair.
Dismissal generally occurs where an Employer has dismissed an employee for performance based, behavioural and or redundancy reasons. The significant factor is that the employment was terminated at the initiative of the employer. Dismissal can also include a forced resignation - constructive dismissal where an employee has resigned, but was forced to do so because of the conduct and or actions of his or her employer. Demotion can also infer a dismissal if there has been a significant reduction in remuneration or duties of the employee.
Employees who are employed pursuant to a modern award and or enterprise agreement, earn under the high income threshold (currently $142,000) and who have been employed for at least one year (for small businesses) or 6 months (for larger businesses) can lodge an unfair dismissal claim.
A dismissal is unfair if the decision to terminate your employment was harsh, unjust or unreasonable, if it was not a case of genuine redundancy, or it was inconsistent with the Small Business Fair Dismissal Code. When considering whether a termination is unfair, Fair Work Australia (FWA) will consider whether there was a valid reason for the dismissal, whether you were given an opportunity to respond, your performance and behaviour, whether any warnings were issued, the size of the employer and other matters.
The employer should at all instances provide you with verbal and written feedback regarding your performance and provide you a reasonable opportunity to improve. In various circumstances, when you have not bene given sufficient warning and/or been given a waning a short period before termination, the commission will take this into consideration when making their determination.
A genuine redundancy occurs when an employment position no longer exists and there has been thorough consultation. However if you suspect your redundancy is a sham, when there was no consultation and more importantly your position exists and or you could have been transferred to another position then you should consider lodging an unfair dismissal claim.
Your application must be filed with Fair Work Australia within 21 days of your employment being terminated. The 21 days is inclusive of weekdays and weekends and commences from the date of your effective termination.
When lodging an unfair dismissal claim, you can seek reinstatement, compensation up to 6 months in wages, seeking to have your termination amended to a resignation, references/ statement of service and other remedies. The Commission will also take into consideration your length of employment, performance and whether any warnings were issued.
On many occasions when employees have been dismissed they may be unaware that throughout their course of employment they have been underpaid. Connect Legal can advise regarding your unpaid wages entitlements and commence separate proceedings in another jurisdiction to claim your entitlements.
Indeed you can raise discrimination allegations in an unfair dismissal claim, but the Fair Work Commission cannot make any orders to remedy discrimination matter. We would have to lodge a separate claim at the Australian Human Rights Commission and Connect Legal can help at both the tribunal and court level.
Yes you can still lodge an unfair dismissal claim , but your employer will allege that you were contractor and not an employee and have no right to lodge one. Maybe an adverse action and a sham contracting claim may be more appropriate in these circumstances.
Conciliation is an informal meeting / teleconference between your former employer, the FWA conciliator, the parties’ representatives and yourself. During the conciliation the conciliator may ask questions of you or your employer to provide assistance in resolving the dispute. When briefing a solicitor we complete all your submissions and undertake all the verbal discussions and resolutions on your behalf.
The matter will be referred to a FWA Commission Member who will listen to the evidence of both parties, you will also have to enter the witness box and a determination - an order will be made. The Commission will firstly consider reinstatement and if not practicable compensation of up to 6 months based on your weekly salary.
Please also note you only have 12 months (one year) to lodge your discrimination and or sexual harassment claims. Please at your earliest opportunity contact Jake and or Richard at Connect Legal to discuss your discrimination circumstances.
A whistleblower is an individual who reports , either verbally and or in writing , to senior management and or officers of the corporation, any kind of information or activity that is deemed illegal, dishonest, unethical , and / or breaches of statutory laws and regulations , for example under the Corporations Act 2000, the Australian Consumer and Competition Laws and or industry specific laws. Corporations and its directors / senior managers have very broad fiduciary and legal obligtaions in the performance of their duties and need to stringently comply with the relevant corporate, environmental, taxation, workplace and / or work health and safety laws. The Corporations Act provides significant safeguards for whistleblowers and makes it a criminal offence to victimise one because of a protected disclosure. Lately we have sensed a greater determination by employees and middle level management to raise their concerns regarding unethical and unlawlful corporate behaviour and conduct. Indeed we regularly also hear " If I speak up I will lose by job" and our advice has been it is essential you speak up when the corporations conduct seriously affects consumers, suppliers , and the general public, physically, financially, and emotionally. Please see further examples of whistleblower conduct and please contact Connect Legal, speak to Richard and or Jake whenever you have been victimised for legitimately raising your concerns.
Lately we have noticed that industrial advocates, who are not legally qualified in lodging unfair dismissal proceedings. Indeed they have a right under the Fair Work Act, but they have no right to lodge any application such as an adverse action, unpaid wages and or discrimination claim at the Local Court, Federal Circuit and or Federal Court. The decision is easy always consult an experienced and qualified solicitor when safeguarding your workplace rights.
Our legal services will be undertaken on a No Win No Fee basis as has been the case from inception when we commenced defending employee rights in the late 90s. We will provide a written costs agreement outlining our No Win No Fee policy and will provide an estimate of the applicable fees.
