There are various ways for an employee to bring a claim against the employer. But the Employment Appeals Tribunal report of 2012 tells one different category of claim. Many employers are successful in making employment claims and earning thousands of dollars from it. They contact civil lawyers Perth to provide the support and information to win claims against the employer.
Reasons Of Employment Law Claims
Some of the causes of action of cases (employment claim reasons) brought to the Employment Appeals Tribunal in 2012 are:
- Unfair dismissal
This could also include constructive dismissal where the employee has to quit due to the intolerant behavior of the employer. A constructive dismissal witnesses the burden of proof shifting to employees, and it can be a difficult burden to discharge.
On the other hand, unfair dismissal witnesses the burden of proof falling on the employer to show that the employee’s dismissal was reasonable and fair. They also need to ensure proper procedures are followed in dismissing the employee.
As per the Unfair Dismissals Acts 1977-2015, unfair dismissals can happen where:
- The employer terminates the contract of employment with or without notice.
- The employee terminates the employment contract with or without notice due to the employer’s conduct.
When an employee is dismissed from employment, they might bring a claim of unfair dismissal against the employer under particular conditions. They do this with the help of a civil lawyer. The unfair dismissal legislation does not guarantee to protect one from dismissal but offers a procedure to appeal against the dismissal and question its fairness.
- One must show that they qualify to bring a claim under the legislation. If it is done and the employer accepts dismissal, they need to show fair reasons behind the dismissal. Except for constructive dismissal cases, dismissal is thought to be unfair unless the employer provides evidence that it was fair.
- Under the legislation, one could ask their employer for a written statement of the reasons for the dismissal. The employer needs to provide the statement within 14 days of the request.
- Under the legislation, you may ask your employer for a written statement of the reasons for your dismissal. Your employer should provide this within 14 days of your request.
If you are found to have been unfairly dismissed, you may get your job back, or, more commonly, you may receive compensation for the loss of earnings caused by the dismissal. A dismissal is considered unfair if one is dismissed for the following reasons:
- Religious or political opinions
- Membership in a trade union or doing trade activities in permitted times, during work or after work.
- Legal proceedings against an employer if the employee is a party or a witness
- Age, race, colour, sexual orientation or membership of the traveller community
- Availing rights under legislation for maternity leave, carer’s leave, parental leave, adoptive leave or force majeure leave
- Unfair selection for redundancy
- Pregnancy, breastfeeding, giving birth or other matters linked with birth or pregnancy
- In making a secured disclosure under the Protected Disclosures Act 2014.
As per the unfair dismissals legislation, redundancy is a fair reason for dismissal. However, an employee may have grounds for complaint if they were unfairly selected for redundancy or contemplate there was no real need for redundancy. The dismissal could be considered unfair unless the employer can prove a genuine need for redundancy and fair procedures were followed. If an employee claims unfair dismissal, they cannot claim redundancy.
- Casual notice and terms of employment
The time period (notice) to end an employment contract must be in the contract itself. If it is not there, any notice period must be reasonable and comply with the notice periods as per the Minimum Notice and Terms of Employment Act, 1973.
- Payment of wages Act, 1991
The payment of wages Act falls into several categories such as:
- Unlawful deduction from wages
- Non-paying of wages
- Not paying minimum wage rates.
- The organisation of working Act, 1997
The claims under this Act would be not paying wages in holidays, failing to allow proper rest breaks, failing to give employers public holiday entitlements and failing to keep proper records. An employee could contact an employment lawyer to help them make a claim, and they also need to pay the lawyer relevant fees for the help offered.
- Terms of Employment (Information) Acts
This is a common claim due to the employer’s failure to give an employee a written statement of relevant terms and conditions of employment within two months of being employed.
Another common claim is when a relationship breaks down, and a claim is made against the employer. The employer could have the salary of a month awarded against them. There is no excuse for this and is easy to avoid as it is a shame to see employers wasting money to pay for the omission.
Who Cannot Claim Unfair Dismissal?
The unfair dismissal acts do not apply if one is:
- An employee under 16 years of age or an employee who has reached normal retirement age and is not covered by the Redundancy Payments Act due to age
- Working for a relative in a private residence where they both live in the same house
- A member of the defence facility
- Going through full-time apprenticeship or training
- An officer of education and training boards, a city or country manager or chief executive of the HSE
- Employed under a fixed-term contract. The contract could be in writing or signed by both the parties and states that Act does not apply if one is dismissed because the contract has expired.
- An employer working outside the state
- A statutory apprentice who is fired in 6 months after starting the apprenticeship or in a month of completing the apprenticeship
- An employee is on a probation period for a year at the beginning of employment, where the duration of the period is stated in the contract of employment.
Contact With Lawyers In Perth
There are various conditions under which an employee might or not qualify to make an employment claim. But if under any circumstances, an employee feels they can make an employment claim and do not know what to do, they can hire employment lawyers in Perth. These lawyers possess several years of experience in dealing with employment cases and could help anyone make a successful employment claim under relevant fees.