Unlawful Termination Lawyer Melbourne
When your employer has dealt you unlawful termination from your position in Melbourne, the emotional and financial impact can be devastating.
Thankfully, Kelly Workplace Lawyers have over a decade of experience assisting in matters where you believe you have been unlawfully terminated. With expert employment law solutions tailored around your individual circumstances, we’re here to protect your rights.
Book a consultation today for fast, accessible legal advice.
Wrongful Termination Lawyer in Melbourne: What is Unlawful Dismissal?
Unlawful termination happens when an employer dismisses an employee for reasons the Fair Work Act 2009 prohibits. Unlike unfair dismissal, wrongful termination claims in Melbourne don’t require minimum employment periods and protect a broader range of workers, including contractors and casual employees.
- Temporary absence from work because of an illness or injury of a kind prescribed by the Regulations
- Trade union membership or participation of trade union activities outside working hours, or with the employer’s consent, during working hours
- Non-membership of a trade union
- Seeking office as, acting, or having acted in the capacity of representative of employees
- The filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities
- Race, colour, sex, or sexual preference, age, physical or mental disability, marital status, family or carer responsibilities, pregnancy, religion, political opinion, national extraction or social origin
When is it time for an application? A claim for Unlawful Dismissal should be made to Fair Work Australia within 21 days after the employment was terminated or within such period as Fair Work Australia allows.
Our legal team can support you with identifying these violations and building compelling cases that hold employers accountable.
Unlawful Termination
The Legal Process: From Dismissal to Resolution
An unlawful dismissal relates to unlawful conduct, and these matters are ultimately determined by a court of law. Let’s take a look at our process.
- Initial consultation where we meet with you to analyse your dismissal case. We are flexible as to how we meet with you!
- A case evaluation where we apply relevant laws to your specific facts.
- We create a legal strategy to help you achieve the best outcome between you and your employer.
As such, the process for pursuing unlawful dismissal claims is in two parts: firstly a conciliation by Fair Work Australia and then, if the matter is referred by to Fair Work Australia, a hearing before the Federal Court.
Unlawful Termination Lawyer in Melbourne: Why Choose Kelly Workplace Lawyers?
If you’re about to hire a wrongful termination lawyer in Melbourne, experience matters. Here’s what the Kelly Lawyers firm brings to the table:
- Specialist Accreditation: Joseph Kelly holds Law Institute of Victoria accreditation in Workplace Relations
- Award-Winning Excellence: Recognised in Doyle's Guide as Leading Victorian Employment Lawyers since 2017
- Proven Track Record: Successfully representing employees across Melbourne since 2011
- All-encompassing Support: From initial consultation through to final resolution
- Accessible Legal Services: Flexible meeting options and clear communication throughout
Contact one of our specialist employment lawyers today.
Unlawful Termination Lawyer for Melbourne Cases: Call Us
The Federal Court can order reinstatement to your former position, compensation for lost wages, and penalties against your employer. If you’ve been wronged, we offer you informed advice.
We are dedicated to supporting you with issues related to the workplace and understand the financial aspects of legal proceedings. Our cost structure is simple and clear with no surprises.
With over 30 years of combined experience, call 1800 955 829 today to book a consultation. We’re ready to help you!
Frequently Asked Questions: Unlawful Termination Lawyer in Melbourne
What's the difference between unfair dismissal and unlawful termination?
Unfair dismissal requires six months’ employment (12 for small businesses) and focuses on whether the dismissal was harsh, unjust, or unreasonable. Unlawful termination has no minimum employment period and addresses dismissals for prohibited reasons under the Fair Work Act.
How long do I have to file an unlawful termination claim in Melbourne?
You must lodge your application with the Fair Work Commission within 21 days of your dismissal taking effect. Speak to our legal professionals for more guidance.
Can casual employees claim unlawful termination?
Yes. Casual employees, contractors, and other non-traditional workers can pursue unlawful termination claims if dismissed for prohibited reasons. If you are unsure, KW Lawyers assess your employment arrangement.
