What is an unfair dismissal?
An unfair dismissal happens when you fire an employee in a harsh, unjust or unreasonable manner.
- Harsh means your decision to sack them was disproportionate to the offence that they committed.
- Unjust means you did not have a valid reason to sack them.
- Unreasonable means you acted unreasonably when dismissing your employee, or you did not give them procedural fairness.
It is also considered an unfair dismissal if you make an employee redundant when it is not a genuine redundancy.
A dismissal can also be considered unfair if you are a small business (less than 15 employees) and you don’t follow the Small Business Fair Dismissal Code.
Get advice before you act
The best way to avoid a claim for unfair dismissal is to get professional advice before you sack an employee, or start an investigation or disciplinary process.
Our expert team of Australian employment law experts at Industrial Relations Claims can guide you through the steps you need to take to avoid an unfair dismissal claim.
- conduct an independent investigation into allegations of serious misconduct by staff on your behalf, and provide you with a detailed report and advice on how to proceed with the matter; or,
- help you performance manage a difficult employee to ensure they have a smooth and uneventful exit from your business.
The sooner you contact us, the better
If your former employee’s unfair dismissal claim is successful, it could end up costing your business thousands of dollars in compensation and unnecessary legal fees.
The sooner our expert team at Industrial Relations Claims can start acting on your behalf, the better chance we have of achieving the outcome you want, so don’t delay!
LAST UPDATED: March 2021
“SINGLE MUM FIRED FOR BEING 4 MINUTES LATE TO WORK WINS UNFAIR DISMISSAL”
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“AGED CARE NURSE WINS UNFAIR DISMISSAL AND HIS JOB BACK AFTER KISSING PATIENT”
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