Have you been unfairly fired from your job? Are you wondering what comes next? Getting sacked can feel like the end of the world, but you can take plenty of action to move on with your life.
It may feel dreadful now, but it’s time for you to make the most of this fantastic opportunity.
Continue reading to understand what you need to do after an unfair dismissal in Victoria.
What is an Unfair Dismissal?
An unfair dismissal occurs when an employer fires an employee in a harsh, unjust, or unreasonable manner.
In Australia, a national system employee who has been recently fired is eligible to make an application for unfair dismissal if they have completed the minimum term of employment (6 months) and their annual salary is less than $133,000 (unless covered by a Modern Award or Enterprise Bargaining Agreement).
For those who believe they have been unfairly fired, an application must be submitted to the Fair Work Commission within 21 days after becoming unemployed.
Below are some excellent tips for people who have been recently fired or sacked.
Take Time to Reflect
It’s a good idea to take some time to process the job loss. There’s no immediate need to start applying for a new job. Use this time wisely to contemplate some fundamental questions about life.
Ask yourself and your employers, ‘why was I fired?’ Take stock of your life, your values, and what you consider important. A job loss is an excellent opportunity to reflect on your entire life.
Find a space to be alone with your thoughts and consider what your short-, medium- and long-term goals might be.
Put Together a Diary of Events
While it’s still fresh in your mind, consider compiling detailed notes about the whole situation. Being organised will assist you in this process to put forward an unfair dismissal application to the Fair Work Commission.
Substantial evidence will put you in a better position for any potential claim against your employers in a hearing or mediation. Keep copies of all the communication sent between you and your former employers, along with any witness or supporting character statements.
Negotiate Severance Pay
In cases of unfair dismissal, many employees procure the services of an employment advisors and non lawyers. They can help you build a strong case towards getting the compensation you deserve.
We at Australian Workplace Discrimination Representatives (AWDR) can help you navigate the unfair dismissal process while offering honest and open advice.
Ideally, you’ll want to negotiate the maximum severance pay. Which we can do! Resolving an unfair dismissal by agreeing to a settlement often benefits all parties involved, especially if it can be resolved before going to the Federal Circuit Court. Landing at any Commonwealth Court can be costly, stressful, and time-consuming. But AWDR, are superheroes and winning is in our DNA, so you have piece of mind that we will put up the good fight in supporting your best interests!
Check Out Potential Unemployment Benefits
It’s important to know what benefits you may be entitled to after being fired from your job. An employee who has lost their job in Victoria, Australia can follow this step-by-step guide to gather more information about what they are entitled to.
Take Time to Grieve and Be Among Supportive People
You do need to organise yourself after being fired, but it’s also essential to acknowledge your grief. Losing a job can be devastating for those whose work and self-worth have become intertwined. A job can often become part of our identity.
Just like when there is a death of a loved one, there are stages of grief that sometimes need to be passed through. Once passed, you can move forward with a clear mind, making intelligent and intentional choices about your future.
In challenging times, it’s good advice to surround yourself with people who support you. It’s normal to turn to friends and family for a helping hand when you’re feeling down.
Reach Out to Your Network
Once you’re ready, send out messages to former colleagues if you are keen to know what opportunities may await you. Focus on building your online presence on sites like LinkedIn, while making it clear to your network that you are looking for a new job.
Job search websites are also a great place to scout potential opportunities.
Consider How to Frame Your Situation to Future Employees
How are you going to present the story of why you were fired? Take time to craft an explanation that will satisfy future employers in forthcoming interviews. They will want to know why you left the position and any employment gap that followed.
Refrain from pointing the finger of blame solely on your previous employers. It’s important to calmly demonstrate an understanding of what happened while acknowledging where you may have misstepped.
Be able to outline what you learned and how you altered your behavior and decision-making to avoid making the same mistakes in the future.
Stay Positive: The World is Full of Opportunities
Remain positive and hopeful because good can come out of any situation. A lotus flower is beautiful, but it must grow in mud and dirty water before its petals open majestically. Nature shows us that we must endure difficulties before we can bloom fully.
A 2018 study of over 2600 executives found that 91% of those who got fired landed a new job that was as good or better than their previous role. The research also suggests that being fired can even make you a stronger candidate, if handled in the correct way.
Job hunting may not be the most fun activity, but you’ll see that there are still plenty of amazing opportunities out there.
Take the Next Steps After Unfair Dismissal in Victoria
Hopefully, you are feeling more upbeat after reading these tips. You don’t have to sit around feeling hopeless; there is a lot to be done.
Take this opportunity to reflect on your life and in what direction you want to go from here. Grieve the job loss if necessary. You should consider representation to assist you in claiming maximum severance pay because the process can be long and arduous.
If you believe you have been subject to an unfair dismissal in Victoria, don’t hesitate to contact us for assistance.
