If your business has received an Unfair Dismissal or General Protections Application from the Fair Work Commission, Baird Employment Advocates (BEA) can offer full representation and assistance in the matters that will come before the Fair Work Commission (FWC) with regard to Unfair Dismissal or General Protections (Adverse Actions) applications.
BEA understands the process, and has successfully represented employers in many matters that have come before the FWC. We know how representatives acting for ex-employees will present their arguments, what laws they will mount their case on, and what risks and exposure to unlawful breaches and allegations any business may be faced with defending themselves against.
BEA know how to argue your case and minimize the financial and non-financial cost of remedies that employee representatives will be seeking, and reduce the potential level of exposure your business will have in terms of protecting your name and reputation.
If unrepresented, you will be trying to argue your case against employee representatives and ex-employees that will have the benefit of making allegations against your business, transferring the onus of proof to you that you have not acted fairly or unlawfully against the provision interpretations of the Fair Work Act. They will know the law, how to apply it, and how to try and use it against you to support their allegations.
The process of defending allegations against your business through an unfair dismissal application can be difficult if you don’t know the laws and sections of the Fair Work Act that you are being accused of breaching.
BEA is able to take all that stress away. The last thing you need after dismissing an employee who was bad at their job or behaved poorly, is now having to try and defend why you did it.
You need to focus on running your business, and BEA will handle all of that for you.
What parts of the Fair Work Act may apply?
What the termination entitlements should be.
Was the process of dismissal procedurally fair?
Was there a valid, lawful reason?
Have any General Protections Laws been breached?
Was the dismissal unfair, or was it unlawful? – (there is a difference)
Can the dismissal be held as being unjust, unreasonable or harsh? – (there are differences)
What exposure does your business have in terms of remedies?
How to structure and write the written submission
How to present your case on the day of the conciliation or hearing in a way that minimizes your financial and non-financial costs
Understanding how to properly present your case and reference clauses, terms and conditions of contracts, position descriptions and policies can strengthen your defence.
If your case is not presented or argued properly, you may be exposed to costs that may have otherwise been avoided if BEA was fighting for you.
BEA manage the entire process, from gathering supporting evidence, application lodgement, preparing the written submissions, and representation on the day of the conciliation before the Fair Work Commission.
A first, no obligation interview will help us understand your case, and determine the strength of the other parties application and allegations and how BEA can help.