In a perfect world you would never need to talk to us about unfair dismissal. Sadly, being sacked harshly or without a fair reason is an all-too-common reality. With years of experience in unfair dismissal matters, we can help you understand your rights and achieve the very best possible outcome.
Unfair dismissal is the term used to describe a dismissal that is considered “harsh, unjust or unreasonable” under section 385 of the Fair Work Act 2009. A dismissal may be unfair for a wide variety of reasons — for example, where there was no valid reason for the termination, where you were not given a fair opportunity to respond, or where the process followed by your employer was unreasonable.
Important: Your unfair dismissal application must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect. Missing this deadline can mean losing your right to claim, so it's vital to act quickly.
To be eligible to make an unfair dismissal claim, you generally need to meet all of the following conditions:
Eligibility can be confusing, and exceptions apply. If you're unsure whether you qualify, call us for a free, no-obligation assessment.
If your unfair dismissal claim is successful, the Fair Work Commission can order remedies including compensation (commonly up to 26 weeks' pay) or, in some cases, reinstatement to your job. We work to maximise the compensation you receive and to resolve your matter as quickly and smoothly as possible.
We manage your unfair dismissal claim from start to finish on a no win, no fee basis. Your own dedicated case manager makes sure your claim is comprehensive and negotiates firmly to achieve the very best outcome for you. With unrivalled expertise, underpinned by drive and determination, you'll feel very comfortable with your claim in our hands.
In most cases, you must lodge your application with the Fair Work Commission within 21 days of the dismissal taking effect. Speak with us as soon as possible so we can act within time.
It means there are no upfront costs and you only pay a fee if we successfully recover compensation for you. If we don't win, you don't pay us — it's that simple.
Possibly. Where an employer's conduct effectively forces you to resign, this can amount to a “constructive dismissal” and may be treated as a dismissal at the employer's initiative.
A genuine redundancy is not an unfair dismissal. However, a “sham” redundancy — where the role still exists or proper consultation didn't occur — may be challenged. We can assess your situation for free.
Get free, confidential advice today — with no obligation and nothing to pay unless you win.
Request your free case review