Unfair Dismissal Disputes in Maitland & The Hunter Valley

What constitutes unfair dismissal?

Unfair dismissal occurs when an employee is dismissed from their job in a harsh, unjust, or unreasonable manner. In NSW, employees who believe they have been unfairly dismissed may lodge a claim with the Fair Work Commission (FWC) within 21 days of the dismissal taking effect.

Grounds for Unfair Dismissal Claims

You may have grounds to make an unfair dismissal claim if:

  • The dismissal was not a case of genuine redundancy and was not a valid reason based on the employee’s conduct, capacity, or operational requirements.
  • The dismissal was harsh, unjust, or unreasonable in the circumstances.
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Process of lodging an unfair dismissal claim

If you believe you have been unfairly dismissed, the process typically involves:

  1. Consultation: Seek advice from an experienced employment lawyer to assess the circumstances of your dismissal and determine if you have a valid claim.
  2. Lodging a Claim: Lodge an unfair dismissal application with the Fair Work Commission within the prescribed timeframe. This includes providing details of your employment, the dismissal, and reasons for your claim.
  3. Conciliation: Participate in conciliation facilitated by the FWC, where parties attempt to resolve the dispute through negotiation with the assistance of a conciliator.
  4. Arbitration or Hearing: If conciliation is unsuccessful, the matter may proceed to arbitration or a hearing before the FWC, where evidence is presented, and a decision is made regarding the fairness of the dismissal.

Remedies for Unfair Dismissal

If the Fair Work Commission finds that you were unfairly dismissed, it may order reinstatement to your former position, compensation, or other remedies deemed appropriate to rectify the unfairness.

Why choose us?

Our team of dedicated employment law specialists is committed to assisting employees facing unfair dismissal disputes with clarity and expertise. We offer:

  • Legal Advice: Clear guidance on your rights under employment law and strategies to navigate the unfair dismissal process effectively.
  • Representation: Skilled representation in Fair Work Commission proceedings to advocate for your rights and pursue a fair resolution.
  • Empathetic Support: Compassionate support throughout the process, understanding the emotional and financial impact of unfair dismissal.

Contact Us

If you believe you have been unfairly dismissed and need assistance in pursuing your rights, contact us today. Our experienced team is here to provide the guidance and advocacy you deserve during this challenging time.

David Allen, Principal & Maitland Solicitor at Hills Solicitors
Daniel Allen, Maitland Solicitor at Hills Solicitors
David Allen, Principal & Maitland Solicitor at Hills Solicitors

Passionate, experienced solicitors Meet the team at Hills

Hills Solicitors first opened its doors in September of 1894 under the name T A Hill. We continued strengthening our roots in the Maitland Community and later became T A Hill & Son, when our founders son joined the family practice. We then made the change to Hills Solicitors.

We have had a total of 3 offices since those early days in 1894, all of which are a 50m walk from our current office.

Get in touch today to see how Hills can help

When you approach Hills Solicitors for any legal advice, we treat you like family. Our valuable clients are members of an evergrowing family that we wouldn’t be here without.
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Getting started

At Hills Solicitors, we take pride in our over 125 years of experience and adaptability. Our clients can trust that we will continuously evolve and tailor our services to their changing needs. Our longevity is a testament to our ability to embrace new technologies and create cost-effective solutions for all legal issues. With our extensive knowledge and innovative mindset, we confidently assure our clients that we will always strive to exceed their expectations. Trust us to handle your legal matters with a forward-thinking approach and an unwavering commitment to your success.

Step one Get to know each other

When you come to Hills for advice you are never just another client to us, you become part of our large family and it is vital we get to know you.

Step two Understanding your rights

The first step is to help you understand your rights and how you can approach the issues at hand.

Step three Determining your goals

The most important step is understanding exactly what you would like to see at the end of your matter.

Got questions? We’re here to help

The team at Hills are here to help with all of your legal needs, serving Maitland and the Hunter for over 125 years. With a forward-thinking approach, providing practical solutions, for an affordable price — We’re here to help you when you need us.

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