As greedy employers continue to affect the workplace, workers need employment lawyers that can represent their interests in unfair dismissal cases. According to the International Labour Organisation, the rise in workplace discrimination and victimisation cases is alarming.
Without a support person, many of these cases will favour the employer. In this article, we shall share useful information on the responsibilities of a support person in cases of unfair dismissal.
Common Causes of Unfair Dismissal
Observe Any Trace of Suspicious Alterations in Employment Contracts
A sudden change of terms and agreement in an employment contract gives rise to suspicion. Naturally, greedy employers seek ways of outsmarting their employees. The employment contract is often an easy way to achieve its ruthless agenda. They can alter the marketing targets for salespeople to avoid paying extra benefits. When smart employees notice any changes to employment contracts without their consent, a protest could lead to unfair dismissal.
Change in Job Title
An organisation’s internal politics can lead to many unfavourable circumstances. Employees could be forced under duress to accept a change in job titles. Sometimes, it could be cases of demotion that do not follow any ethical workplace process. Smart employees can seek the help of unfair dismissal lawyers if their protests lead to termination of appointments. Typically, they can make claims for compensation from these employers.
A Change in the Physical Location of Work
When employers force employees to work in a different location, it might lead to disputes and unfair dismissal. Usually, conditions for relocation will be evident in employment contracts. It’s unacceptable to threaten employees with unfair dismissal when they withhold their consent for relocation. Some workplace policies are not enforceable if it breaches the rights of your employees.
Revocation of Workplace Benefits
A valid employment contract that offers employees exclusive benefits can be revoked in error. When employers breach their agreements, employees have the right to seek legal protection. This reaction might resort in wrongful dismissal from the organisation. These employees need to keep copies of their contract documents. With the original terms of an employment contract, a good lawyer can enforce provisions of the law that will compensate the employee.
How Lawyers Can Assist Employees with Cases of Unfair Dismissal
Unfair dismissal lawyers act as a support person in cases of unfair dismissal. In Australia, the Fair Work Act, 2009 states the roles of support persons in cases of unfair dismissals.
Support persons can determine whether employees have been dismissed in a hostile manner. Also, they must evaluate the degree of injustice and unfairness of the dismissal process. Support persons assist the employee with language interpretation and the explanation of contract terms. The support person is an advocate for the employee. With the permission of employees, support persons can respond to the allegations from the employer.
As mediation experts, the lawyer can agree with the employee to pursue favourable terms of a settlement. This agreement can trigger the employer to make adequate compensation, including financial payment to an employee that has been wrongfully dismissed.
How to Identify Actions That Might Lead To an Unfair Dismissal
Threats
It’s common for employers to make threats when they can’t fire an employee with ease. Usually, the threat to dismiss the employee could be construed as unfair dismissal. An impending dismissal case can induce stress in employees. Also, risks of employment termination can reduce the employee’s productivity.
Suspensions
Sometimes employers convert disciplinary measures like a suspension into unfair dismissal. Usually, the uncertainty of returning to work can lead to potential unemployment.
Reduced Hours
When business is inactive, an employer could make unilateral changes to work hours. It helps them to reduce the wages of employees. This action is unethical when it doesn’t align with the terms of an employee’s original employment contract.
