1300 861 131 Fair Work Commission Applications should be submitted within 21 days of your termination date. Missing this deadline could make you ineligible for compensation. If you’re thinking about filing an unfair dismissal claim, it’s crucial to seek legal advice promptly to ensure you understand your rights and options.
Unfair dismissal
We are committed to providing culturally safe and trauma informed legal support for a wide range of employment law issues.
If you have been terminated from your job and believe the circumstances were unfair, unjust, unreasonable, or harsh, you may have grounds to make an unfair dismissal claim. We can help you navigate the process and fight for the compensation you deserve.
Under the Fair Work Act 2009, you may be eligible to make an unfair dismissal claim with the Fair Work Commission. The Commission will determine whether your dismissal was indeed unfair.
You are considered to have been dismissed if your employment has been terminated on the employer’s initiative, or if you resigned but were effectively forced to do so. This is known as “constructive dismissal”.
Grounds for Unfair Dismissal
Some common grounds for an unfair dismissal claim include:
- Dismissal was harsh, unjust or unreasonable;
- Inadequate notice or pay in lieu of notice;
- Dismissal was due to poor performance, but no proper process was followed;
- Dismissal was due to a genuine redundancy, but the redundancy was not genuine; and
- Dismissal was due to a protected attribute such as race, gender or disability, etc.
Eligibility for Unfair Dismissal
To be eligible to make an unfair dismissal claim, you generally need to have been employed for at least 6 months (or 12 months for a small business). There are also other criteria around your income level and the size of your employer.
Our employment lawyers can assess your situation and advise whether you have grounds for a successful unfair dismissal claim. We will fight tirelessly to ensure you receive the maximum compensation you are entitled to.
Fair Work Commission Application within 21 days
What You Can Do
If you believe you have been unfairly dismissed, here are some steps you can take:
1
Document Everything
Keep a detailed diary of all incidents, including dates, times, witnesses and what happened.
2
Know Your Employer’s Policies
Familiarise yourself with your employer's policies and procedures
3
Engage Your Union
Contact your union representative if you are a member
4
Seek Legal Advice
Seek legal advice from our employment lawyers to understand your rights and options.
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