Unfair Dismissals Australia

What is Unfair Dismissal?

Under the Fair Work Act 2009 (Cth), a person has been unfairly dismissed if the Fair Work Commission (the Commission) is satisfied that an employee (who is protected from unfair dismissal) has been terminated and the dismissal was harsh, unjust, or unreasonable, and was not consistent with the Small Business Fair Dismissal Code (in the case of employees of a small business), and was not a case of genuine redundancy. Employees who have been unfairly dismissed can lodge an Unfair Dismissal Application with the Fair Work Commission. There is a strict 21-day period after your dismissal to lodge an

What Makes A Dismissal Unfair?

When assessing whether a dismissal is harsh, unjust, or unreasonable, the Fair Work Commission must consider: Was there a valid reason for the termination related to the employee’s capacity or conduct? Was the employee notified of this reason? If the employee was given any opportunity to respond to that reason, Whether there was any unreasonable refusal by the employer to allow the presence of a support person for any discussion rel

How Long Do Most Unfair Dimissal Claims Take?

You have 21 days to make a claim and most claims are settled before they ever see a courtroom. Having been involved in workplace representation and representing thousands of clients employers now know of us and fear us. This is why we love to let the public know we can achieve maximum payouts and quick results.

How Long Do I Have To Make A Claim?

You have 21 days from the date you were dismissed to submit a well-written letter to Fair Work Australia. It is highly recommended that this claim is submitted correctly and by a representative that knows the ins-and-outs of workplace claims.