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:
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:
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 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.