Effectively Claiming Unjustified Dismissal

If you feel that you have been unfairly dismissed from your job, you may have a claim for unfair dismissal which is also known as a personal grievance. in order to bring a claim against your previous employer you’ll need to be able to prove your case. below are some of the steps you can take toward effectively claiming unjustified dismissal, and it’s important to remember you only have 90 days to make your claim, unless there are exceptional circumstance, so ensure you don’t miss this vital deadline.

What Are Some Of The Grounds To Make A Claim?

- Unjustified dismissal – when not in relation to work performance
- Discrimination – such as age, gender, race, sexual orientation
- Sexual and Racial harassment – including written or spoken comments or imagery
- Duress over membership of employee organisation – usually in relation to unions

There are a large number of grounds to make a claim, particularly in relation to why and how your dismissal occurs, you can visit the relevant government website for information on this.

Documentation Is Vital

Ensure that you keep detailed and accurate records including dates, times, who made the alleged breach or breaches, who you spoke to to address your concerns, details of conversations, meetings and written communication and any other information you have in the period running up to, during and after the dismissal. It’s essential you have as many facts and details documented as possible to ensure that the facts are presented as thoroughly as possible.

Do I Need A Lawyer?

In some instances you’ll find that either a verbal or written communication with your employer may result in a satisfactory conclusion for both parties. If you are unable to resolve the issue through other avenues you may find that mediation is the next step. Depending on how confident you feel you may wish to represent yourself and have a friend or family member there as a support person, however if you feel that the matter is not going to be easy for you then you should engage a lawyer.

A law firm which specialises in employment relations will be a good place to start. They will be able to advise you of all the legal ramifications of your claim, ensure that your case meets all the legal requirements and offer advice and support. They will also represent you should it escalate into an employment court case and you can rest assured that they will have your best interests at heart.

By Vanessa Hamm
Article Source: http://EzineArticles.com

Private Investigators -
Lynch Investigations & Countermeasures Pty Ltd

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