How long does an employee have to file a claim alleging unfair dismissal?
An employee has 21 days from last day of employment to file a claim with the Fair Work Commission.
What are the possible outcomes if the employees claim is successful?
Reemployment, reinstatement or compensation, up to a maximum of 26 weeks’ of the employees’ annual salary.
Any salary the employee has earned from a new employer is usually deducted from any compensation awarded.
Any notice paid to the employee is also deducted from the 26 weeks potential compensation.
Generally, each party will bear their own cost.
Can an employer object to a former employee’s right to claim Unfair Dismissal relief?
Yes. The employer may have any one of five grounds for objection before a claim can be fully tested by the Commission.
These are described as jurisdictional objections.
Given the potential complexity it is advisable for an employer to be competently represented at an early stage of any proceedings.