How much money can you make if you’re unfairly dismissed?
How much money can you make it you’re unfairly dismissed from employment?
New Fair Work Commission figures show the vast majority of workers receive between $2,000 and $6,000.
However, 13 people received more than $100,000 as a result of unfair dismissal.
The Commission details the payments in its annual report.
It showed that in the past financial year, 13,596 people filed an unfair dismissal claim, and 4,117 people filed a General Protections Dispute involving dismissal.
How much money can you make?
Workers have just 21-days from the date of termination to file an unfair dismissal claim.
The amount of compensation they receive depends on the circumstances of their dismissal.
The Fair Work Act provides a number of options for workers unfairly dismissed.
The two most common claims to file are:
Workers should seek urgent expert advice to find out which claim is best to make in their circumstances.
Unfair Dismissal Claim
An unfair dismissal happens when you are sacked in a harsh, unjust or unreasonable manner.
Harsh means your 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 when dismissing you, or you were not given procedural fairness.
An unfair dismissal also happens if it was not consistent with the Small Business Fair Dismissal Code, or the dismissal was not a genuine redundancy.
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).
The FWC Annual Report table showing the number of workers and the amounts they negotiated during conciliation.
Compensation
The maximum compensation the Fair Work Commission can order is six months wages, however, most cases settle for much less than this.
The Commission settles most unfair dismissal disputes during a conciliation process long before ever reaching a full hearing.
In the past financial year, the majority of claims (2889) resulted in payments of between $2,000 and $6,000.
- 825 workers received between $8,000 and $15,000; and
- 388 workers received between $15,000 and $30,000.
The table opposite lists the number of workers and the amounts of compensation they received.
General Protections Dispute Involving Dismissal
Employers sacked for exercising a workplace right will be eligible to make a general protections dispute involving dismissal claim.
Workplace rights can include asking about your working conditions, for example, your pay or rosters.
It also includes taking a temporary absence from work because of illness or injury, or making a complaint about sexual harassment or discrimination.
The FWC Annual Report table showing the number of workers and the amounts they negotiated during conciliation.
Compensation
GDP claims can result in uncapped compensation payments, in addition to penalties imposed on employers.
In the past financial year, most GPD claims (666) resulted in compensation payments of between $2000 and $6,000.
- 248 workers negotiated between $6,000 and $10,000;
- 180 received between $10,000 and $15,000;
- 64 received between $30,000 and $60,000; and
- 13 workers negotiated more than $100,000.
The table opposite lists the number of workers and the amounts of compensation they received.
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