Wrongful Termination and Unfair Practices

Wrongful termination occurs when an employee is dismissed from their job in a manner that is “harsh, unjust or unreasonable”. 

The Fair Work Act 2009 (the Act) is the primary legislation governing employment relationships in Australia.

The Act identifies a number of prohibited reasons for terminating an employee’s contract:

• The employee is temporarily away from work with illness or injury; 
• The employee participated in trade union activities during business hours with the employer’s consent; 
• The employee plans to take or have taken maternity leave or other parental leave; 
• The employee filed a complaint or participated in legal proceedings against the employer; or 
• The employee’s race, colour, sex, sexual orientation, age, physical or mental disability, material status, family or carer’s responsibility, pregnancy, religion, political opinion, national extraction or social origin. 

Employees who believe they have been unfairly dismissed can file a Claim with the Fair Work Commission (FWC). The FWC will assess whether the dismissal was unfair and may order reinstatement of employment, compensation, or some other remedy. 

An employee is eligible to apply to the FWC if the following applies: 

1. The employee has been dismissed; 
2. The employer dismisses them for a prohibited reason; 
3. The employee is not a national system employee;
4. The employee has worked with the same company for a minimum employment period of at least six months; or 
5. The employee has worked with the same company for a minimum employment period of at least one year, if the employer is a small business with fewer than 15 employees. 

It is important to seek legal advice prior to lodging a Claim with the FWC as some employees are exempt from unfair dismissal provisions under the Fair Work Act, such as high-income earners, employees on fixed-term contracts and genuine casual employees. 

Our team at Arrow White has experience acting for both the employer and employee in wrongful termination matters. We understand that termination of employment can be a stressful time, so we aim to provide you with knowledgeable advice and advocate for your rights and interests. 

Drafting Wills and Trusts 

A Will is a legal document that outlines your wishes regarding the distribution of your assets, guardianship for minors (if required) and the appointment of an executor to carry out your instructions after you pass away. A valid Will is a fundamental tool for estate planning to ensure that your possessions are distributed according to your instructions. 

When creating a Will, it is crucial to consider the following: 

1. Assets: property, bank accounts, investments. 

2. Beneficiaries: who will inherit your assets.
3. Appointment of an Executor: you will need to designate someone to carry out your instructions. 

4. Guardianship for Minors: if you have children, decide on guardianship arrangements. 

5. Special requests: include any specific bequests, charitable donations, or other unique requests. 

Once you have considered your assets, and beneficiaries, it is important to choose the best structure for your Will including considering any tax implications, family trusts, self-managed superannuation funds, corporations and estates.  To mitigate potential tax implications on your estate, we can collaborate directly with your accountant to identify the most appropriate structure for your estate.   

It is important to seek legal advice prior to preparing a Will to ensure that the Will clearly identifies your instructions. If you die without a valid Will your estate may not be distributed in accordance with your wishes. A Will reduces the stress on your remaining family members after you pass and aims to avoid any potential conflict between family members. 

Our team at Arrow White has experience in drafting Wills and Trusts for a wide range of clients. Our expertise ranges from drafting Wills for spouses, setting up testamentary trusts or advising on complex gifts and structures. We understand that preparing a Will may be a stressful and challenging process, so we aim to provide extensive advice and assistance during this process.  

Disclaimer: This publication is intended for general and informative use only and is not to be relied upon as professional financial or legal advice.

Contact our team today for a free quote by clicking the link here or calling us on 1300 277 699.

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