When you retain Employee Assist you are retaining real life experience and knowledge gained through years of hard work and client service.

You will pay us absolutely nothing unless your claim is successful and you receive compensation from your former employer.

It costs you nothing to talk with one of our experts for a quick assessment of your claim. Call 1800 739 795 for free phone advice.

We are committed to maximising your compensation entitlements and work hard to ensure you receive the compensation you deserve.

FREE Unfair Dismissal phone advice - Call 1800739795 now 

What is Unfair Dismissal?

Unfair Dismissal is the term used to describe a dismissal that is considered "harsh, unjust or unreasonable" under section 385 of the Australian Fair Work Act. A dismissal may be considered to be unfair for a wide variety of reasons including the following:

  • your employer has no valid reason for dismissing you.
  • your employer was unhappy with your performance but did not warn you before dismissal.
  • your employer did warn you but did not give you a proper opportunity to improve before dismissing you.
  • your employer dismissed you without giving you an opportunity to respond.
  • your employer over reacted and dismissed you when a warning would have been sufficient.
  • your employer treated you so badly that you felt forced to resign.
  • you were made redundant but someone else is doing your work.
  • you were made redundant without being offered a suitable alternative vacancy. 

Can I Make An Unfair Dismissal Claim?

To make an unfair dismissal claim you must be an employee covered by the Fair Work Act who is "protected" from unfair dismissal. You are protected by the legislation if:

  • you were an employee, and
  • you worked there for at least 6 months (if the employer had more than 15 staff), OR
  • you worked there for at least 12 months (if the employer had less than 15 staff), and
  • you earned less than $133,000 per annum (as of 1 July 2014) or are covered by an award or an industrial agreement.

How Long Do I Have To Make An Unfair Dismissal Claim?

You must lodge an application for unfair dismissal within 21 days after you were dismissed. In exceptional circumstances The Fair Work Commission has the discretion to extend this deadline. 

What Are The Possible Outcomes?

If the Fair Work Commission is satisfied that you were unfairly dismsised then it may order the payment of compensation up to 6 months' wages and/or the reinstatement of your employment, depending on your preference.

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