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Unfair dismissal in Victoria
Being unfairly dismissed from your job can be incredibly stressful for you and your family. An unfair dismissal can impact your ability to find new work and maintain your lifestyle. If your dismissal was harsh, unjust or unreasonable, you may be eligible to make an unfair dismissal claim.
We can help you receive compensation through an unfair dismissal claim. We can also potentially have your dismissal converted to a resignation and obtain a Statement of Service, which can improve your prospects of finding new employment.
It’s crucial to act quickly, as there is a strict 21-day time limit to file an unfair dismissal application from the date of your dismissal.
What type of claim am I eligible for?
You may have additional options beyond just an unfair dismissal claim. Some other types of claims could entitle you to uncapped compensation, including:
- Breach of contract claim
- Adverse action claim (General Protections claim)
- Discrimination claim
- Unlawful termination claim
It’s important to speak with an employment lawyer before lodging any unfair dismissal application, as pursuing one claim could prevent you from making others.
What do I do now? What are the costs involved in an unfair dismissal claim?
If you believe your termination was harsh, unjust, unreasonable, or in breach of your contract, one of our experienced employment lawyers can provide an initial assessment of your situation. This preliminary assessment involves a 1-hour phone consultation to help determine your best course of action.
Contact Yarn Legal today to learn more about the cost and scheduling of a preliminary assessment.
Unfair dismissal laws: Frequently Asked Questions
1. Have I been unfairly dismissed?
Your dismissal may be considered unfair if your employer broke the law or breached your employment contract in terminating you. Common unfair dismissal situations include:
- Non-genuine redundancies
- Failure to follow proper dismissal procedures
- Termination for unsatisfactory performance without prior notification
- Denying the employee a support person in dismissal meetings
- Lack of valid reason for dismissal
- Failure to provide written notice of termination
- Not allowing the employee to respond to dismissal reasoning
2. Am I eligible to make an unfair dismissal claim?
To be eligible for an unfair dismissal claim in VIC, your employment must meet certain criteria under the Fair Work Act 2009 (Cth). This includes:
- Being covered by a modern award or enterprise agreement
- Having a salary below the High Income Threshold ($138,900) if not covered by an award/agreement
- Being employed for over 6 months (or 12 months for small businesses)
3. If I was made redundant, can I still make an unfair dismissal claim?
You may still be eligible if your redundancy was not genuine. A genuine redundancy requires:
- Your job is no longer required due to operational/structural changes
- Your employer complied with consultation obligations
- Redeployment within the business was not reasonable
4. If I resigned, can I still make an unfair dismissal claim?
In some cases, yes. This is known as “constructive dismissal” – when an employee resigns due to their employer’s conduct or actions. A common example is being given an ultimatum to resign or be fired.
5. What is the difference between unfair dismissal and unlawful termination?
Unlawful termination (or General Protections) claims focus on whether the reason for dismissal was unlawful, rather than if the dismissal itself was unfair. Unlawful reasons can include discrimination, union membership, or taking leave.
6. How much am I likely to receive if my unfair dismissal claim is successful?
Unfair dismissal claims typically result in either reinstatement or compensation. Reinstatement is rare. The maximum compensation is capped at six months’ pay, generally awarded only in serious cases.
Why choose Yarn Legal for your unfair dismissal claim?
At Yarn Legal, we understand the stress and uncertainty that comes with being unfairly dismissed from your job. Our team is here to help you fight for your rights and secure the compensation you deserve. With our experience in employment law and our trauma-informed, culturally safe approach, we are dedicated to ensuring that your voice is heard and your case is handled with care and professionalism.
Here’s why you should choose Yarn Legal:
- Expertise in unfair dismissal claims and workplace disputes
- A culturally safe, trauma-informed approach to legal services
- Personalised, compassionate support from experienced employment lawyers
- Commitment to helping you achieve justice and peace of mind after unfair dismissal
If you’ve been unfairly dismissed or are facing workplace issues, contact us today for a confidential consultation. Yarn Legal is here to guide you through the legal process and help you take the next steps toward justice.
