Termination of Employment

By: David Natenzon
Submitted: 2008-03-03 15:54:26
Print this article | Tell a friend | For publisher | Social Bookmarking
Rating:
 

Has your employment been or about to be terminated?

Under the amendments to the Workplace Relations Act 1996 in effect since 27 March 2006, employees employed in businesses with fewer than 101 employees are no longer eligible to claim unfair dismissal.

This means that if you are employed by a business that employs fewer than 101 employees, you will not even meet the threshold requirements for being able to claim that your employment was terminated in circumstances that were harsh, unjust or unreasonable.

However this does NOT necessarily mean that you are left with no legal avenues by which to challenge your dismissal or to at least make sure that you are adequately compensated by your employer.

Regardless of the number of employees in the business from which you have been terminated, you may still have several options available to you including claims for:

• Unlawful Dismissal (as opposed to unfair dismissal) – and you may even be eligible to receive a government subsidy up to the amount of $4,000 to run your claim

• wages and conditions arising from Award non-compliance

• breach of the Trade Practices Act 1974

• breach of contract including breach of implied contractual terms

• breach of workplace policies

• defamation

• bullying and sexual harassment

• breach of the Independent Contractors Act 1996

• notice payments

• redundancy entitlements

As a firm with extensive employment law expertise, Rosendorff Lawyers will be able to assess your termination situation and comprehensively advise you of your options – which may turn out to be far greater than you had imagined.

Under the amendments to the Workplace Relations Act 1996 in effect since 27 March 2006, employees employed in businesses with fewer than 101 employees are no longer eligible to claim unfair dismissal.

This means that if you are employed by a business that employs fewer than 101 employees, you will not even meet the threshold requirements for being able to claim that your employment was terminated in circumstances that were harsh, unjust or unreasonable.

However this does NOT necessarily mean that you are left with no legal avenues by which to challenge your dismissal or to at least make sure that you are adequately compensated by your employer.

David Natenzon has gained extensive experience in different aspects of commercial, corporate, and litigation matters and manages Rosendorff's employment law division. He has developed an extensive knowledge of the WorkChoices legislation and is an Associate Member of the Law Institute of Victoria. For more details, visit: www.rosendorff.com.au

Article source: Expert Articles

Most Recent Articles in Internet Law category

  • Los Angeles Marijuana Laws - By: Calista Stacy
    Throughout Los Angeles, the enforcement of marijuana laws is extremely strict. Citizens of L.A.
  • Treaty Trader (E-1) and Treaty Investor (E-2) Visas - By: Andy Semotiuk
    The E category visa is considered for business owners, business managers, investors and employees who required staying in US for work for a project that is occupied in trade between the United State and a foreign country that has a agreement with the US...
  • Benzene Exposure Attorneys - By: Calista Stacy
    Since its discovery in the 1820's benzene, a highly toxic chemical compound has been used for numerous commercial and industrial purposes.
  • Mesothelioma, the Silent Killer - By: Lizzi Loraine
    This is in fact one of the most terrible aspects of asbestos exposure.
  • Canada Immigration Facts to Know About - By: Andy Semotiuk
    Canada immigration is usually based on non - discriminatory principles. According to some survey there are round about 200 million international immigrants present. And out of them 50% of them are illegal. The world wide immigration is increasing day by day.
  • Divorce Away from Home - By: Christine Layug
    Divorce mill is a term used for a jurisdiction that is typically used for divorces by non-residents and/or used to obtain a divorce quickly and/or allow for contested divorces quickly and with little or no compensation to the other spouse.
  • US and Canada Immigration Law - By: Andy Semotiuk
    To find a qualified legal representative for U.S. and Canada immigration case is often a challenging task as immigration law is not easy to understand and changes quite often. Thus, for an accurate immigration case assessment, it's utterly important that you take up a good lawyer into a service who can efficiently assist you throughout your immigration process.
  • Termination of Employment - By: David Natenzon
    Under the amendments to the Workplace Relations Act 1996 in effect since 27 March 2006, employees employed in businesses with fewer than 101 employees are no longer eligible to claim unfair dismissal.
  • California Head Injury Lawyer and Southern California Brain Injury Attorney - By: Gibson Sebastian
    Like snowflakes, or so they say, every brain is different. Brain injuries have just as many variations. Brain injuries can be severe or mild, permanent or temporary, immediate or arise some time after a trauma.
  • Failure To Wear A Seatbelt Could Bar Or Limit Your Recovery In A Personal Injury Action - By: Mark Eisenberg
    In the State of California, all occupants in a motor vehicle are required to wear a seatbelt anytime the vehicle is in motion. Billboards up and down our freeways proclaim