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Australia's leading consultants in:
Unfair Dismissal
Unlawful Dismissal
Redundancy
Maternity leave
Workplace relations
Employee rights
Workplace issues
Workchoice changes
Unlawful termination
Work choices
All AIRC matters
Racism
Advocacy
Mediation

We service all major cities including:
Melbourne, Sydney, Brisbane
Adelaide, Perth, Hobart
Canberra, Albury Wodonga
Newcastle, Gold Coast

We Can help
•Sacked? •Harassed? •Intimidated?
•Redundancy? •Feel Pressured?
•Forced to Resign? •Unfairly dismissed?
•Unlawfully terminated?
•Discriminated Against?
•Industrial relations issues?
•Problems in the workplace?
•Sexually harassed?
•Been on worker cover or had a temporary illness and now find your not doing your original job or now sacked.
•Treated differently because of your family responsibilities.
•Not paid notice when your sacked.
The list is endless of the issues in the workplace, make the call today!

Please be aware of the following timelines:
14 days to lodge a unfair dismissal claim
60 days to lodge a unlawful dismissal claim
one year to lodge a discrimination complaint.
These timlines are strictly enforced, if you have a legimate reason for being outside these timelines you may still be able to lodge a claim, call us to discuss

Lodging an Unfair Dismissal Claim.



Employees with a legitimate unfair dismissal action that can be brought before Fair Work Australia (was the Australian Industrial Relations Commission) have an intricate process to go through to lodge their claim.

It's now getting even more complicated. If you have been unfairly or unlawfully sacked, you need to sure that your claim is lodged in time.

You also cannot bring an Unfair Dismissal claim if you have been sacked for a 'genuine redundancy'

If you were unfairly sacked after the 1st of July 2009 you can claim an unfair dismissal, unlawful dismissal or both, subject to some criteria. The rules are as follows:

  1. You have 14 days to lodge a unfair dismissal claim from the day you were told your sacked or you finished up, whichever is the later.
  2. You have 60 days to lodge an unlawful dismissal claim on the following grounds:
    • a person's race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin (some exceptions apply, such as where it's based on the inherent requirements of the job.
    • Temporary absence from work because of illness or injury.
    • Trade union membership or participation in trade union activities outside working hours or, with the employer's consent during working hours, non-membership of a trade union, seeking office as, or acting as, a representative of employees.
    • Being absent from work during maternity leave or other parental leave.
    • Temporary absence from work to engage in a voluntary emergency management activity.
    • Filing a complaint, or participating in proceedings against an employer.
    (if you're outside the timeline as set out, you may still be able to bring an unfair or unlawful dismissal claim if you have exceptional circumstances for not lodging on time)

If we are lodging a unfair dismissal claim for you, you must meet the following criteria

  1. Completed a minimum employment period of at least 6 months (or 12 months if your employer is a small business - fewer than 15 full-time equivalent employees) at the time of dismissal.
  2. Either been:
    1. Covered by an award.
    2. Covered by an agreement
    3. Earning less than $108,300 a year.

Regarding unlawful dismissal claims there is no minimum period of employment or salary limit.

Possible outcomes are to have you reinstated (give you back your job), or compensate you for up to 26 weeks pay (if this is more than $54,150, then compensate you for up to $54,150).

You cannot bring a claim if you have been genuinely made redundant. If you believe your redundancy is not genuine and can prove it you may be able to bring a claim.

If you work from a business that employs less than 15 employees they can dismiss you providing they have followed a check sheet issued by the goverment. Basically if you have received one warning, and the check list was followed they can get rid of you. If this has not happened you can make a claim.

Constructive dismissal

If you have been forced to resign (that is the conduct or behaviour of your employer have left you absolutely no choice) you are entiled to lodge a unfair dismissal claim. Keep in mind that at the time of your resignation if you had choice the claim will fail. You have to be able to argue it was impossible to stay there.

Call us today to discuss your situation.

Where possible we will not let the employer get away with unfairly terminating your employment and bringing unnecessary stress and financial hardship to you and your family.

We will lodge an Unfair Dismissal Claim on your behalf (be aware there is a very strict 21 day rule to lodge a unfair dismissal claim in the AIRC) and represent you at hearings, or negotiate a result before a Hearing Date arrives. If you are seeking assistance, you are already stressed and under pressure.

If your industrial relations, unfair dismissal or discrimination claim deserves to be run and the employer won't settle, we will be there for you.

A Whole New Approach has run a number of high profile industrial relations and discrimination cases. (we are not lawyers)

We aren’t afraid to challenge the big companies and have had a number of significant wins. These include:

  • Walgama v Toyota Motor Corporation Australia Limited (2008)
  • Vicki Radman v Flight Centre Ltd (2007)
  • Bain v Terrock Pty Ltd (2007)
We’ve had a number of important battles over unfair dismissals revolving around operational reasons. These include:
  • Cruickshank v Priceline Pty Ltd (2007)
  • Carter v Village Cinemas Australia Pty Ltd (2007)
  • Collin McKenzie v Fuji Xerox (2008)
  • Perry v Savills (Vic) Pty Limited (2006)

An extremely significant recent decision was Napoli v Dabserv Pty Ltd. In this case, A Whole New Approach was successful in winning an extension of time hearing against Dabserv Pty Ltd, the administrative arm of the large law firm Mallesons Stephen Jaques. The applicant was unable to lodge her unfair dismissal claim until 49 days after the 21 day time limit for a number of reasons, including her psychological state. However, A Whole New Approach successfully argued that an extension of time should be granted to Ms Napoli so that her case for unfair and unlawful dismissal could be heard.

All: Unfair dismissal, Industrial relations, Redundancy, Unlawful termination, Discrimination, Workchoices, Workplace relations, Employee rights, Forced to resign, Arbitrations, Workplace reform, Workplace relations, Harrassment, Workers rights, Work choices, Workplace reform, Industrial relations commission, VCAT

ABSOLUTELY NOTHING ON THIS SITE CONSTITUTES LEGAL ADVICE. A WHOLE NEW APPROACH PTY LTD IS NOT A LAW FIRM AND WE ARE NOT SOLICITORS.      

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