Every day of the week, employees are dismissed or terminated by their employers. In the event that you think that this dismissal or termination was unlawful or unfair, you have available to you numerous ways to ensure that your rights are protected.
Importantly, the area of law is complex and prone to myths. Hence the importance of seeking legal advice promptly. At Australia Lawyers, if we believe you have a case, it’s likely that our unfair dismissal lawyers will be able to assist you on a no win no fee basis.
What is Unfair Dismissal?
Firstly there has to be a “dismissal.” In other words, your employment has been terminated by your employer or you were forced to resign by them.
The Fair Work Commission in forming a decision as to whether or not there has been an unfair dismissal will consider:
- if the dismissal was harsh, unjust or unreasonable
- if the dismissal was not a case of genuine redundancy
- if your employer is a small business, the dismissal was not consistent with the Small Business Fair Dismissal Code
In their assessment of whether the termination was appropriate, the Fair Work Commission will also look at the following factors:
- if there was a valid reason for the dismissal, for example, conduct or performance issues
- whether you were appropriately notified of that specific reason
- whether you were afforded an opportunity to respond
- if you were afforded an opportunity of having a third-party support person with you at any discussion concerning your termination
- if the termination was allegedly due to your poor performance, whether you had previously been advised of performance issues and whether you had the opportunity to make amends to that performance
At Australia Lawyers, we offer a free, no-obligation consultation to assist you in understanding whether or not you may have an unfair dismissal claim, the process of seeking compensation. In the event that your circumstance does not fall within the general terms of “unfair dismissal,” it may be the case that you will be able to still make a claim for compensation through an unlawful dismissal claim or general protections claim.
You can find out if you’re entitled to make a claim here
How Do I Make a Claim for Unfair Dismissal?
The first step is to get some free, initial advice fro one of our unfair dismissal lawyers. We will be able to ascertain from the facts presented the likelihood of a successful unfair dismissal claim.
The process is initiated by an application being filed the Fair Work Commission (FWC). The FWC is a federal organisation, so regardless of what state of Australia you’re located, the application will go to this department.
Whilst we do not recommend that you go it alone, the FWC has an online application process should you wish to take care of this yourself.
The Online Application Process is here.
What If My Circumstance Does Not Fit the Criteria?
Many employees find that they do not strictly meet the requirements of “unfair dismissal.” However, there are numerous other options that may be applicable to you in seeking compensation.
Very strict time limits apply in all these matters and seeking legal advice is imperative in order that you do not compromise your ability to make a successful claim.
What is the Unfair Dismissal Process?
In this video, Fair Work Australia explains the process of unfair dismissal in Australia.
Getting Compensation for Unfair Dismissal
When it comes to getting compensated for unfair dismissal, there are 3 possible outcomes that the FWC can order:
- they can order that you get your job back
- they can order an amount of money to be paid to you
- make no order at all
In relation to compensation, the FWC looks squarely at the amount you would have been paid if your employment continued.
What About Other Types of Compensation?
Even though your unfair dismissal claim may result in compensation or some other type of action, this does not prevent you from seeking compensation for potentially “wrongful dismissal.”
A wrongful dismissal claim does not go through FWC, but rather is a separate legal action.
Wrongful dismissal involves a breach of their employment contract. The remedy for such a breach is compensation.
At Australia Lawyers, our Unfair Dismissal Lawyers and our Personal Injury Lawyers will be able to give you advice for free on all these matters.