Unfair Dismissal News

UNFAIR DISMISSAL SETTLEMENTS BEFORE CONCILIATION

I cannot stress strongly enough how important it is to settle an unfair dismissal dispute as early as possible. If the matter can be settled prior to the unfair dismissal conciliation at the Fair Work Commission, both parties are usually happy with the outcome. This will save considerable time and money for both parties, as neither will have to attend the date listed by the Fair Work Commission.

How Fast Can You Settle an Unfair Dismissal Dispute?

Many applications handled by 4 Unfair Dismissal are settled within days of drafting and lodging with the Fair Work Commission. This is possible because we take care to research the recent case law and the applicable parts of The Fair Work Act to draft a concise F-2 application to present to the employer. The F-2 will also detail that the applicant is eager for a speedy resolution to the matter.

Why Settle an Unfair Dismissal Dispute Early?

Once the respondent is presented with the rules they have broken, the affect it has had on the applicant and the call for a speedy resolution, contact is usually made, and negotiations can begin. Here at 4 Unfair Dismissal, we give you an honest and free appraisal of your chances for success before you engage our services. This involves an appraisal of the likelihood of success, either before or at conciliation.

What Will Unfair Dismissal Settlement Be?

Once negotiations begin, conciliation agreements can be reached in a private manner between the applicant and the respondent, without any assistance or orders from the Fair Work Commission. These agreements will almost always contain the right to resign, a Statement of Service, a non-disparagement agreement and most times, an agreeable financial component.

What Happens Once Agreement is Reached?

The settlement agreement is drafted by 4 Unfair Dismissal and sent to both parties to read, sign and be witnessed. Once the document is correctly executed by both parties and the applicant has received the Statement of Service, plus any agreed compensation for unfair dismissal, the matter is discontinued. Often, this entire process can be completed within days of lodging the unfair dismissal remedy application (F-2) with the Fair Work Commission. This allows the applicant and respondent to move forward with certainty that the matter has been settled to the satisfaction of both parties.

EARLY UNFAIR DISMISSAL SETTLEMENT

Avoiding The Tribunal for Unfair Dismissal

Once an unfair dismissal remedy application is lodged with the Fair Work Commission, it is always the endeavour of our team to settle the matter, either before or at conciliation, to avoid making a face-to-face appearance at the Fair Work Commission or a tribunal hearing/conference.

Criteria For Harshness Unfair Dismissal

Early settlement is usually possible if the application for unfair dismissal (F-2) is drafted correctly, showing the specific breaches of the Fair Work Act and what the applicant is seeking. The unfair dismissal remedy application should be succinct and clearly state why the applicant is aggrieved and also that the applicant is eager to bring about an early settlement.

Unfair Dismissal Conciliation Privacy

The beauty of settling a dispute prior to or at conciliation is that the matter remains private, with the only parties privy to the details being the Fair Work Commission, the Applicant and the Respondent. This means any prospective employer – if negotiations are handled correctly – will never know of the matter, as it will not appear anywhere in the public domain.

Your Reputation

If the matter can be settled either prior to or at conciliation, the details of the dismissal and negotiations remain a private matter. This is not so when the case progresses to a tribunal hearing at The Fair Work Commission. In these circumstances, the dispute becomes open to public, with details of the dismissal and surrounding circumstances shown in transcripts and case summaries.

Unfair Dismissal Case Summaries

Save Money at Unfair Dismissal

Aside from the fact that the matter remains private by settling negotiations either prior to or at conciliation, there is also the common sense of settling early to avoid the added stress, complications, and cost of having to prepare for and attend a face-to-face unfair dismissal remedy application tribunal hearing.

Remedies For Unfair Dismissal

Generally, any matter that progresses to The Fair Work Commission for an unfair dismissal tribunal hearing will end with a win or a loss, instead of a settlement. Either the applicant will get their job back (usually unlikely), win compensation, or lose and face the prospect of having to pay costs. The beauty of settling early is that both parties, the Applicant and the Respondent, can come to whatever agreement they are happy with – the right to resign, a Statement of Service, a non-disparagement agreement or, in fact, anything that both parties are happy to agree to and that are allowable by law.

Be assured, if 4 Unfair Dismissal handles your application at the Fair Work Commission, we will do everything possible to settle the matter with the best outcome possible for our client – in the shortest possible timeframe and the most economical manner. For more information, please use out client contact form or call 0419 774 330.

Jamie Hawkins

WHAT IS A STATEMENT OF SERVICE?

A Statement of Service is a vital element in any unfair dismissal negotiation between an employee and employer. The agreement to issue a Statement of Service is usually presented to the employer as a clause in any settlement agreement.

Negotiated Agreement

The Statement of Service goes hand in hand with the right to resign and the non-disparagement agreement previously mentioned. These three elements of the negotiated agreement between an employee and employer go a long way to clearing the reputation of the employee.

A Good Reference

Years ago, everyone understood the importance of ‘getting a good reference’ from your employer if you resigned or were dismissed. The Statement of Service is as close as you are likely to get today to a reference. The reference was proof that you left your previous employer with some good will or at least no hard feelings. The reference may, if you were lucky, even touch on your good character or bright personality or had some element of a personal touch.

Modern Day Reference

Today, the Statement of Service is not likely to contain anything regarding your countenance or personality, but still offers your prospective employer a sense of assurance and confidence that you left your previous employer on good terms.

What is in a Statement of Service?

A Statement of Service contains the following:

One more element of a Statement of Service is that it can usually be negotiated. You, as a past employee, can choose a person from management or human resources or even a director or owner to speak on your behalf, should the prospective employer call to verify information.

For instance, your immediate manager may have sought to have you dismissed. Even if they were successful, another manager, director, or even the owner, may agree to speak on your behalf should a prospective employer call seeking clarification on the information you have provided.

Repair Your Reputation

The right to resign, a non-disparagement agreement and a Statement of Service all go a long way to repairing your reputation. Your Statement of Service should outline when you began and the role you resigned from, as well as contact information for someone at your past employer who can speak on your behalf.

Jamie Hawkins

NON-DISPARAGEMENT AGREEMENTS

A non-disparagement agreement is made between the Applicant and Respondent or Employee and Employer, prohibiting either party from criticising the other.

Unfair Dismissal Conciliation

The non-disparagement agreement should be presented to the employer as a clause in any settlement agreement reached between the Applicant and Respondent at or before an unfair dismissal conciliation at the Fair Work Commission.

Right to Resign

Combining the right to resign with a non-disparagement agreement between parties goes a long way to helping the applicant repair their reputation and find a new job.

Can I Call Your Old Boss?

Imagine you have been dismissed from your current position and you are now seeking a new position with a new employer. Somewhere in the application process, either when you fill out the document or during the interview, you will be asked why you left your previous job and if your previous employer can be contacted as a reference.

Why Did You Resign?

If you have negotiated the right to resign, then you can confidently say you resigned. If you have a non-disparagement agreement in place, your prospective employer can call your past employer without you having to worry. By combining a Statement of Service with the right to resign and a non-disparagement agreement, your reputation will be repaired.

Professional Representation

If you want professional representation at The Fair Work Commission during an unfair dismissal conciliation, then please allow Jamie Hawkins LLB to lodge your Unfair Dismissal Remedy Application (F-2). Call 0419 774 330 or use our contact form.

Jamie Hawkins

THE RIGHT TO RESIGN

Unfair Dismissal & Your Reputation

If you have been the victim of an unfair dismissal, you would be aware of the devastating affect it can have on your day-to-day life. Firstly, you feel aggrieved that you have been put in such a terrible situation through no fault of your own. Then, more importantly, your income and livelihood has been taken from you. One thing you may not be aware of is the devastating affect being the victim of an unfair dismissal can have on your professional reputation and your ability to move forward and be re-employed.

Professional Reputation

Here at 4 Unfair Dismissal, we handle your matter as carefully as possible to not only achieve financial compensation, but also to repair your professional reputation. The truth is that while money is extremely important and almost always forms part of our negotiations with employers, your reputation is what you will carry with you for the rest of your life.

Reputation Repaired

If you are honest with yourself, you would agree that a job is easier to land if your reputation is clear and respectable. If the Unfair Dismissal Remedy Application is handled correctly, it is usually possible to end the relationship with your reputation intact.

Resignation

Here at 4 Unfair Dismissal, we are usually able to negotiate with the employer to allow records to reflect that you have resigned. The beauty of this is that on any application form you can now state, regardless of the circumstances of your dismissal, that you resigned. This fact alone makes it infinitely easier to attain future employment.

This is just one reason you should contact Jamie Hawkins at 4 Unfair Dismissal on 0419 774 330. Alternatively, you can use our contact form with the 21-day deadline to lodge an application with the Fair Work Commission.

Jamie Hawkins

REDUNDANCY & UNFAIR DISMISSAL

In this case, the Applicant, an administrative assistant claimed she was unfairly dismissed due to a non-genuine redundancy.

Consultation Period

The Respondent had previously emailed staff advising them of upcoming changes and possible redundancies. The Respondent held meetings with the Applicant prior to the redundancy. After consultation, the Respondent advised that the Applicant’s position would be made redundant. On hearing this news, the Applicant then advised the Respondent that she wanted to quit her position immediately.

Correct Entitlements

The parties went their separate ways, and all entitlements were correctly paid. The Applicant then claimed that she had been made redundant because of a previous complaint she had made regarding one of her work colleagues. The Applicant also claimed that the tasks she was previously performing were currently still being performed by a staff member.

Redeployment

The Respondent maintained that they had complied with all obligations under the relevant enterprise agreement, that it was not reasonable or possible under the circumstances to redeploy the Applicant. The Commissioner in this case was unable to consider that the Applicant was chosen for redundancy because of the prior complaint unless the redundancy was not genuine. The Applicant also expressed a disinterest in redeployment.

Operational Requirements

The Commissioner accepted that the changes claimed in operational requirements were legitimate and that the Respondent no longer required the Applicant’s job to be performed. The Commissioner ruled the dismissal was a genuine redundancy and the application was dismissed. Here, the Respondent consulted and was let off the hook regarding redeployment because the Applicant expressed a disinterest in redeployment. This was enough to cause a thought that redeployment was not reasonable.

The application for unfair dismissal was dismissed. If you need assistance with an unfair dismissal or a non-genuine redundancy, then please contact Jamie Hawkins on 0419 774 330 or use our contact form.

Unfair Dismissal News

UNFAIR DISMISSAL SETTLEMENTS BEFORE CONCILIATION

How Fast Can You Settle an Unfair Dismissal Dispute?

Why Settle an Unfair Dismissal Dispute Early?

What Will Unfair Dismissal Settlement Be?

What Happens Once Agreement is Reached?

EARLY UNFAIR DISMISSAL SETTLEMENT

Avoiding The Tribunal for Unfair Dismissal

Criteria For Harshness Unfair Dismissal

Unfair Dismissal Conciliation Privacy

Your Reputation

Unfair Dismissal Case Summaries

Save Money at Unfair Dismissal

Remedies For Unfair Dismissal

WHAT IS A STATEMENT OF SERVICE?

Negotiated Agreement

A Good Reference

Modern Day Reference

What is in a Statement of Service?

Repair Your Reputation

NON-DISPARAGEMENT AGREEMENTS

Unfair Dismissal Conciliation

Right to Resign

Can I Call Your Old Boss?

Why Did You Resign?

Professional Representation

THE RIGHT TO RESIGN

Unfair Dismissal & Your Reputation

Professional Reputation

Reputation Repaired

Resignation

REDUNDANCY & UNFAIR DISMISSAL

Consultation Period

Correct Entitlements

Redeployment

Operational Requirements

Service Areas

Get in touch with Mr Jamie Hawkins LLB and the team today!

Get in touch with Isaac Hawkins LLB, Bbus today!

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