What is an unfair dismissal?
An unfair dismissal happens when you are dismissed from your job in a harsh, unjust or unreasonable manner.
Harsh means the dismissal was disproportionate to the offence that you committed.
Unjust means your employer did not have a valid reason to sack you.
Unreasonable is when your employer acted unreasonably during the dismissal, or did not give you 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 of Australian employment law experts can help, and advise you of your options.
You only have 21 days to file a claim
Strict time limits apply to unfair dismissal claims.
You have just 21 days from the date of your dismissal to file a claim.
If you believe you have been unfairly dismissed from employment, do not delay!
Call our team of Australian employment lawyers and industrial advocates today on 1300 045 466 or click here to register for a quick call back from one of our consultants.
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 $158,500 annually (from 1 July 2021).
3. If you have been employed for more than six months (12 months if you work for a small business).
The Fair Work Commission
Unfair dismissal claims are adjudicated by the Fair Work Commission.
Before your matter reaches a formal hearing, the Commission will invite you to participate in a conciliation meeting with your employer and a professional conciliator.
The hope is that you will be able to resolve the matter between yourselves, which might involve your employer offering you a sum of compensation, or an apology, or even your job back in some circumstances.
Our team at Industrial Relations Claims has extensive experience advocating for workers in conciliation meetings and can advise you of your best options to help you achieve the outcome you are looking for.
If you are fighting an unfair dismissal claim in the Fair Work Commission, let our experienced employment law experts handle negotiations and advocate on your behalf.
How much compensation will you get?
The Commission takes a number of factors into account when determining the amount of compensation you will receive, including the circumstances of your dismissal, and if you have managed to find other employment.
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 particular situation, we will help you negotiate fair compensation to mitigate any losses you have suffered.
LAST UPDATED: July 2021
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