Being dismissed from your job due to an injury can be a distressing and unfair situation. At Shine Lawyers, we understand the pressure that comes with being unjustly let go after suffering a work-related injury.
Here we talk you through what unlawful dismissal is when violating a contract and when it can occur as an unfair outcome of an injury.
Unlawful Dismissal: Violating Contractual Terms
Unlawful dismissal happens when an employer violates the conditions of a contract. This can occur when the employer:
Terminates the employee before the agreed term is fulfilled;
Does not comply with the notice period outlined in your employment contract;
Charges you with misconduct without giving you an opportunity to respond
Unjust Dismissal: Unfair Outcomes of Injury
Unjust dismissal takes on a new level of complexity when it involves injuries. This can occur when an employer:
Ends your employment without a valid reason for the dismissal related to your behaviour, skills, conduct or capacity;
Refuses to allow you the opportunity to respond;
Dismisses you because of unsatisfactory performance issues caused by your injury
As covered above, unfair dismissal can take place in a range of scenarios, but if you or someone you know has been injured at work and unfairly dismissed as a result, you may have a claim for unfair dismissal.
Our specialist team of workers’ compensation lawyers have extensive experience in helping Australians navigate through this legal process and clearly outline your options.
Get in touch with our friendly Client Service team online or over the phone today to organise an obligation-free appointment.
How Shine can help
We have helped thousands of Australians right wrong and access more than $1 billion in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
With our 1000+ workforce and business maturity, we have the scale, expertise and agility to take on the tough cases and win.
We are ready to take action and hold employers to account to right wrong.
It's time to...blow their cover
We've heard too many stories about injured workers being denied their rights, and it's time to make a stand. Your boss can't stop you from making a workers' compensation claim.
Unfair dismissal FAQs
Can I represent myself, or do I need a workers' compensation lawyer?
It is possible to legally represent yourself when making a claim however, doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.
Many people choose not to act for themselves and instead engage an expert workers' compensation lawyer who can provide the knowledge and experience required to help guide a case to a successful outcome.
Why trust Shine to be my unfair dismissal after work injury lawyers?
At Shine Lawyers, we put your first. We’ve been standing up for the rights of everyday Australians for over 45 years. As one of Australia’s largest litigation law firms, we are here to help you get the justice you deserve. Our empathy, understanding and expertise is why we’re ahead of the pack. We’ll stand with you and guide you through every step of the way.
Where are the workers' compensation lawyers from Shine located?
With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers legal advice and support.
If you’d like to speak to our workers' compensation team in person, you can see our full list of locations here.
If you aren‘t able to find a location near you, we can easily arrange an obligation-free virtual appointment or discuss the option to meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
Do you have a claim?
We’re here to make the claims process as simple and stress-free as possible.
