What is an unfair dismissal?
An unfair dismissal happens when you are dismissed 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 comply 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.
You only have 21 days to file a claim
You have just 21 days from the date of your dismissal to file an unfair dismissal claim.
Therefore, if you believe you have been unfairly dismissed from employment, do not delay!
Call our team today on 1800 324 748.
Who is eligible to make a claim for unfair dismissal?
You are eligible to make a claim for unfair dismissal if you:
1. Are covered by a modern award or an applicable enterprise agreement.
2. Earn less than $158,500 annually.
3. 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 session with your employer and a professional conciliator.
The aim of a conciliation is to see if the parties can resolve the matter between themselves.
This might involve your employer offering you monetary compensation, or an apology, or a reference, or even your job back in some circumstances.
If your claim does not settle at conciliation, it may be escalated to a full hearing before a Fair Work Commissioner.
LAST UPDATED: July 2021
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