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What is Unfair Dismissal?

Unfair dismissal happens when an employee is dismissed from a job in a harsh, unjust or unreasonable manner.

Harsh means the dismissal was disproportionate to the offence that was committed.

Unjust means the employer did not have a valid reason to sack the worker.

Unreasonable is when the employer acted unreasonably during the dismissal, or did not give the worker procedural fairness.

An unfair dismissal also happens when it does not happen in accordance with the Small Business Fair Dismissal Code, or if the dismissal is not a genuine redundancy.

Not every dismissal qualifies as unfair, but that’s where our specialist team can help, and advise you of your options, whether you are an employer or employee.

Who Is Eligible To Make A Claim for Unfair Dismissal?

You are eligible to make a claim for unfair dismissal:

1.  If you are covered by a modern award or an applicable enterprise agreement.

2.  If you earn less than $145,400 annually.

3.  If you have been employed for more than six months (12 months if you work for a small business).

How Much Compensation Will I Get?

The maximum monetary settlement you can receive for an unfair dismissal is 26 weeks pay, although most cases settle for much less than this.

Depending on your circumstances, we should be able to help you negotiate fair compensation, and in some cases, we may be able to recover any lost wages, and even get you your job back.

You Only Have 21 Days To Act

Strict time limits apply to unfair dismissal claims.

You have just 21 days from the date of your dismissal to lodge a claim.

If you believe you have been unfairly dismissed, do not delay – call our team of specialists at Industrial Relations Claims today on 1300 853 837.

For employers

Employers who want to avoid a claim for unfair dismissal should understand the complexities involved with sacking an employee.

This can be difficult while dealing with the cut and thrust of daily business pressures.

That’s where Industrial Relations Claims can help – with our expert knowledge and dispassionate eye, we can advise you the best way to manage a difficult employee and move them on from your business without ending up in a court or commission and paying thousands of dollars in compensation.

You should be aware that sacking someone the wrong way may not just open you up to a claim of unfair dismissal, but you could also be accused of discrimination, or contravening a general protections provision, which are known as unlawful dismissals.  These usually result in much higher penalties and remedies – and individuals as well as businesses can even be taken to court.  Learn more here.


To speak with our specialists at Industrial Relations Claims, please call

1300 853 837

or

email our consultants here

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