Have you recently had your employment terminated under questionable circumstances? Book a FREE consultation with Enterprise Legal and be provided with all potential options and outcomes from an experienced Workplace Lawyer.
Enterprise Legal are Toowoomba’s expert legal advisors in all matters relating to employment law and workplace rights. Our Principal Legal Advisor in Workplace Relations will assess your individual circumstances ensuring that your voice is made heard in the case of an unfair dismissal or the unlawful termination of an employment contract.
Recipient of ‘Queensland Emergent Woman Lawyer of the Year 2019’, Amie Mish-Wills has extensive experience in advocating in the Fair Work Commission in unfair dismissal matters, both for employers and employees. Amie brings a wealth of knowledge and expertise, having worked both for the private and government sectors, specialising exclusively in workplace / industrial relations for over six years.
We take the time to understand the precise nature of each of our client’s individual situations. We will review your employer’s specific legal and contractual obligations and can provide an unbiased, impartial assessment of your options, including potential actions for remedy, avenues of escalation and the process involved for all options.
From the outset, we provide our clients with transparent and upfront advice relating to the costs involved for all potential outcomes of unfair dismissal cases.
Regardless of size or industry, there are instances every day of the week where professional employers are responsible for instigating ill-advised and often illegal workplace-related decisions on their employees.
Our experienced workplace legal advisors are passionate about achieving lasting, impactful results for the employees who have wrongly been on the receiving end of unfair dismissal.
"Outstanding service. I had an employment issue and Enterprise Legal were 5 out of 5. Friendly, empathetic and very understanding of my issue. Special thanks to Amie - wonderful job and couldn’t fault the service, advice or professionalism - Amie really knows her stuff and I was so lucky to have Amie on my side. Thank you, thank you."
Your dismissal may be considered unfair if:
To pursue an unfair dismissal claim against your employer, you must:
The minimum employment periods are:
In addition, if you earn more than the high-income threshold, at least one of the following must apply:
You will not be eligible to file a claim for unfair dismissal if you are:
If you are eligible to file an unfair dismissal claim under the Fair Work Act, you must file your claim within 21 days of your dismissal taking effect.
Once an application is filed, an employer will have 14 days to respond to the application and the matter will be listed for a conciliation conference.
A conciliation conference is a voluntary process where Commission staff try to help both sides resolve the dispute without the need for a more formal hearing before a Commission Member. Staff conciliators do not make decisions about the merits of the application and any agreements to settle the matter are generally subject to the terms of a formal deed signed by all parties.
If the matter doesn’t resolve at conciliation, the matter will be sent to a member of the Commission for hearing.
The only remedies the Commission can order are limited by the law (the Fair Work Act 2009) to:
In very limited circumstances, the Commission may require the losing party to pay the other party’s costs, but only where the Commission is satisfied the matter was commenced or responded:
Indemnity costs (costs are all costs including fees, charges, disbursements, expenses and remuneration as long as they have not been unreasonably incurred) may be ordered when there has been an element of misconduct or delinquency on the part of the party being ordered to pay costs.