WHAT IS AN UNFAIR DISMISSAL?

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In an unfair dismissal case, you have to show that the dismissal was harsh, unjust or unreasonable. A dismissal may be considered to be unfair for a wide variety of reasons including the following:

• your employer has no valid reason for terminating your employment.

• your employer was unhappy with your performance but did not warn you.

• your employer did warn you, but did not give you a proper opportunity to improve.

• your employer dismissed you without giving you any or a proper opportunity to respond to their allegations.

• your employer over reacted and dismissed you when a warning would have been a sufficient punishment.

• your employer treated you so badly and/or was so intimidating and unreasonable you felt forced to resign.

• you were told that your position was made redundant, but that was not true and someone else is doing your work.

• you were told that your position was made redundant, but there was no prior consultation.

• you were told that your position was made redundant but have not been redeployed to another suitable role.

ARE YOU ELIGIBLE?

You are eligible to make an application for unfair dismissal if you:

• were an employee, and

• completed the minimum period of employment (six months if the employer has more than 15 employees), and

• earned less than $123,300 per annum, and

• were dismissed within the last 21 days.

WHAT ARE THE POSSIBLE OUTCOMES?

If the Fair Work Commission is satisfied that you were unfairly dismissed then it may order:

• the payment of compensation up to the amount that you would have earned in a 6 month period, and/or

• the reinstatement of your employment.

If you believe you may have been unfairly dismissed call us on 1800 739 795 for a free, confidential, no-obligation advice service.