e-book Practice Notes on Termination of Employment Law

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Lincoln, United Kingdom Seller Rating:. Available From More Booksellers. About the Book. We're sorry; this specific copy is no longer available. The respondent to an application, usually the employer, will need to lodge a response to the application with the Commission. How can the Commission help? Commission staff cannot provide legal advice, or give you advice on whether to lodge an unlawful termination application or how to run your case. Where can I get legal advice? You can find a community legal centre in your area at the National Association of Community Legal Centres. The law institute or law society in your state or territory may be able to refer you to a private solicitor.

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Labour Law and Employment Manual | Labour Guide

Unlawful termination. Print this page.

The Ultimate Guide to Wrongful Termination Law

Table of contents On this page Overview Who is covered by unlawful termination laws? What is unlawful termination? Alternatives Time limits What happens once an application has been made?

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Frequently asked questions. Overview An employee or an industrial association entitled to represent the employee who is: not a national system employee, or a national system employee who is not eligible to make a general protections application may make an unlawful termination application to the Commission if their employment has been terminated and they believe that the termination was in contravention of section 1 of the Fair Work Act the Act.

Who is covered by unlawful termination laws? These types of employees include: state government employees in New South Wales, Queensland, Western Australia, South Australia and Tasmania local government employees in New South Wales, Queensland and South Australia people employed by non-constitutional corporations in Western Australia for example, employees of sole traders, partnerships and trusts. Unlawful termination laws do not cover: employees who are eligible to make a general protections application contractors employees who resign and were not forced to do so as result of their employer's conduct people who were employed under a contract of employment for a specified period of time, a specified task, or for the duration of a specified season and who are dismissed at the end of the period, task or season trainees who were employed for a specified period of time and who were dismissed at the end of the training arrangement.

About this NPA

Note: Many of the provisions of section overlap with the general protections provisions set out by the Act. If you are eligible to make an application to a court under the general protections provisions in relation to the same dismissal, you are not eligible to make an unlawful termination application. Alternatives Non-national system employees may be eligible to make an application in relation to their termination under state laws, depending on the circumstances of their case.

If you are not sure which application to make, you may wish to seek independent legal advice. Find out more The national workplace relations system General protections dismissal. What happens once an application has been made?


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The key steps in the unlawful termination process are: An employee lodges application. Commission staff members check the application to make sure it is complete and valid. The employer is served with the application. Generally, the Commission will deal with the dispute by holding a conference. The aim of the conference is to try to help the parties resolve the matter themselves. A conference is a private and confidential process where a Commission Member helps the parties to resolve their dispute by agreement.