Unfair Dismissal Legal Guidance

Summary

Unfair dismissal in New South Wales is governed by the Fair Work Act 2009. You must apply within 21 days of dismissal and be employed for at least 6 months (1 year for small businesses) to be eligible. Employers cannot change termination status to resignation without consent. If your termination status was altered without your consent, contact your employer for clarification, document everything, and reach out to the Fair Work Ombudsman. If you have lodged an unfair dismissal case, prepare for conciliation by gathering evidence and understanding your rights. Changes to conciliation settlements require clear communication and possibly legal advice. Negotiating a change in employment status to resignation depends on mutual agreement with your employer.

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Information on unfair dismissal
Unfair dismissal in New South Wales is covered under the Fair Work Act *. Here are some key points:
- You must apply within 21 days of dismissal.
- Eligible if employed for at least 6 months (1 year for small businesses).
- You must prove the dismissal was harsh, unjust, or unreasonable.
Are you seeking advice on how to proceed with a claim or need more details on eligibility?
Is it legal for an Australian bank to change termination status to resignation
In Australia, an employer, including a bank, cannot unilaterally change your termination status to resignation without your consent. If this happens, it could be considered an unfair dismissal or misrepresentation. You might want to contact the Fair Work Ombudsman for guidance. Would you like more details on how to proceed?
Yes
If your termination status was changed without your consent, you could consider the following steps:
- Contact Your Employer: Request clarification and ask for a written explanation.
- Document Everything: Keep records of all communications and documents related to your termination.
- Contact Fair Work Ombudsman: They can provide guidance and investigate potential violations.
Would you like assistance in contacting the Fair Work Ombudsman or any further details?
Employee terminated for one off harassment,
Case Rating: *
In your situation regarding termination for a one-off harassment incident, it may be beneficial to explore avenues such as unfair dismissal claims, especially if you believe the dismissal was unjust or unreasonable.
Could you provide more details about the harassment incident and any communications with your employer regarding it?
Unfair dismissal case lodged, conciliation in * weeks
Case Rating: *
It seems like you have already lodged an unfair dismissal case and have a conciliation meeting scheduled. Here are some additional tips to prepare:
- Gather all relevant documents and evidence.
- Understand your rights under the Fair Work Act *.
- Prepare a clear statement of your position and desired outcome.
If you have any specific questions or need further guidance, feel free to ask.
Can employer change termination status to resignation
Case Rating: *
In Australia, an employer cannot change your termination status to resignation without your consent. It's crucial to prepare for your conciliation meeting, gathering evidence and clarifying your desired outcome. If you need more legal guidance, consider seeking help from a legal professional specializing in employment law. Feel free to ask if you have any more questions!
Employee wants to change in conciliation settlement
Case Rating: *
If the employee wants to change something in the conciliation settlement, it's important to articulate the specific terms or aspects they wish to amend. Here are some steps they could consider:
- Review the Settlement Terms: Understand the current agreement and identify what needs to be changed.
- Communicate Clearly: Express the desired changes during the conciliation meeting.
- Seek Legal Advice: Consider consulting an employment lawyer for personalized advice.
Would you like further information on any of these steps?
Can I have my employment status changed to resignation
Case Rating: *
While it's possible to negotiate changes during conciliation, your ability to change your employment status to resignation depends on mutual agreement with your employer. Here are some steps to consider:
- Discuss with Employer: Propose the change and explain your reasons.
- Conciliation Agreement: Negotiate the terms during the conciliation meeting.
- Legal Advice: Consult an employment lawyer for specific guidance.
If you need help with any specific aspect, feel free to ask!