John Vizzone Successfully Defends Unfair Dismissal Claim

Fair Work Australia yesterday reaffirmed the importance of filing for Unfair Dismissal within 14 days of being terminated from your employment.

In a case to be published as a precedent on the public record, Vizzone Ruggero & Associates solicitor John Vizzone successfully defended an unfair dismissal claim on the basis that the dismissed worker filed outside the 14 day time period of the Fair Work Act.

John Vizzone says that it is important in employment matters to act quickly.

“When you are dismissed you have only a short window of opportunity to act. It is important to seek legal advice and commence proceedings within 14 days otherwise you may not be able to bring a claim for unfair dismissal”, said John Vizzone.

John Vizzone’s client had dismissed the employee after he was charged by Police in matters relating to his employment.

Commissioner McKenna agreed with John Vizzone’s submission that the Fair Work Act is clear that one should not wait for the conclusion of the criminal proceedings before commencing their action for unfair dismissal.

“It is important to remember that they are two different jurisdictions and areas of law with different rules that apply. Someone could be charged by the Police and successfully defend their criminal matter but still be sacked fairly”, explained John Vizzone.

However, John Vizzone added that if you do have a matter outside the 14 day time period you should still seek legal advice because you may have an excuse for an extension of time.

“In this case the Commissioner agreed with my submission that there was no valid excuse for the delay in commencing proceedings however this will not always be the case”, he said.

This case serves as an important reminder that whether you are the employer or the employee, workplace laws are a minefield and you should always seek quality legal advice as soon as possible.

John Vizzone, Solicitor, practices employment law, industrial law and unfair dismissal along with other areas of law for Vizzone Ruggero & Associates and Adrian Twigg & Co. He has acted for a number of employees and employers in unfair dismissal matters and welcomes free confidential discussions about your matter. Contact him on 02 9667 1271 or john.vizzone@vrtlawyers.com.au