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. 
  • AM I ELIGBLE TO MAKE A 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 for at least 6 months (if the employer and 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 $136,700 per annum or are covered by an award or an industrial agreement.
  • WHEN DO I HAVE TO MAKE MY 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 dismissed then it may order the payment of compensation up to 6 months’ wages and/or the reinstatement of your employment, depending on your preference.

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