Australian Workplace Discrimination Representatives
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1800 333 666

Unfair Dismissal

Available 24/7 For Employees
1800 333 666

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fair Work Unfair Dismissal Claims

If your employer has recently dismissed you from your job by unfair means, then you can challenge your dismissal. At Australian Workplace Discrimination Representatives our representatives have extensive experience and knowledge to help our clients safeguard their workplace rights. We work to help our clients achieve the desired financial results and protect their integrity.

Have You Been Unfairly Dismissed? We Can Help you.

If you are experiencing an unfair dismissal we want you to know our team at Australian Workplace Discrimination Representatives understand and we are here to help you.

Being unfairly dismissed from an employer can be an extremely distressing, challenging and stressful time which is where our experienced supportive team come in. Our team can help you to better understand the complexities of an unfair dismissal. often on a 'No Win No Fee' basis, to ensure your workplace rights are upheld and you receive the compensation you deserve.

Understanding Fair Work Unfair Dismissal in Australia

Unfair dismissal occurs when an employee is terminated from their employment in a manner that is harsh, unjustifiable, or unreasonable.

In order to make a claim, unfair dismissals must meet the following:

  • Lodge the unfair dismissal claim within the 21-day timeframe set out by Fair Work.
  • Worked for the minimum employment period (usually 6 months, sometimes 12 months).
  • Dismissed due to unfair circumstances or unjust reasons.

Unfair dismissal requirements can be complex. Some other reasons that could assist in your eligibility are:

  • Improper investigatory and disciplinary meetings.
  • Not setting out the nature of the accusations to the employee.
  • Lack of consideration of alternative sanctions.
  • Dismissals for reasons not included in the workplace disciplinary policy.

This is specifically defined under Section 385 of the Fair Work Act 2009. It is crucial to distinguish unfair dismissal from unlawful termination, which involves discrimination or other breaches of general protections under the Fair Work Act.

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Some Key Aspects of Unfair Dismissal:

  • Small Business Fair Dismissal Code: For employees of small businesses (fewer than 15 employees), dismissals must adhere to the Small Business Fair Dismissal Code.
  • Whether there was a valid reason for the termination which relates to the employees’ capacity or conduct.
  • Whether the employee was notified of this reason,
  • Whether the employee was given any opportunity to respond to that reason,
  • Whether there was any unreasonable refusal by the employer to allow the presence of a support person for any discussion relating to the termination.
  • Whether the employee was warned about unsatisfactory performance prior to the termination if this was the reason for the termination,
  • The degree to which the size of the employer’s enterprise would likely impact on the procedures followed in making the termination.
  • The degree to which the absence of dedicated human resource manager specialists or expertise in the employer’s enterprise would be likely to impact on the procedures followed in the termination and any other matters the Commission considers relevant.

The Strict 21-Day Deadline

It is advised to act quickly if you believe you have been unfairly dismissed. You have a strict 21-day deadline from your last day of employment to lodge an unfair dismissal claim with the Fair Work Commission. Missing this deadline may affect your ability to pursue a claim.

Our team are here to help support and help you through the entire application process so you don't have to go through it on your own. Our experienced team will assist with the completion of Form F2 and ensure all necessary details and documents are accurately recorded to meet the fair work commission requirements.

How Australian Workplace Discrimination Representatives Can Assist You

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Available 24/7 For Employees
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Our team at Australian Workplace Discrimination Representatives are committed to our clients’ best interests by supporting and informing you with the right information needed to make a claim. We can help every step of the way with our extensive experience working in unfair workplace rights and unfair dismissal cases throughout Australia.

Lodging a fair work unfair dismissal application to the Fair Work Commission is a process. As such, you need to be sure to follow the steps set out by the Fair Work Commission, including the submission of a Form F2 (application form). If you are wanting to fill in the application form, you will need to include:

  • The contact details and/or representative of your previous employer. You can generally find this on a recent payslip.
  • Details of your employment, such as the date you started employment with your employer, the date you were notified of your dismissal, and when you finished your last day of work with your employer.
  • Details around the reason your employer dismissed you, and why you believe the dismissal to be unfair.
  • Answers to each applicable question in the form with as much detail as you can provide.

This can be a difficult process for many, specifically in ensuring all of the details around the dismissal are accurately recorded on the application, we are able to offer assistance with this process. This includes completing an application with you, depending on your circumstances and whether you meet the criteria to put forward an application to the Fair Work Commission.

Unfair Dismissal Representation Services Includes

We don't just provide fair work unfair dismissal representation, our services also include but are not limited to:
Available 24/7 For Employees
1800 333 666

Thorough Assessment

We will carefully assess your individual circumstances to determine the strength of your fair work unfair dismissal claim.

Application Lodgement

Expert assistance in preparing and lodging your fair work unfair dismissal application with the Fair Work Commission.

Workplace Investigations

Support and advice if you believe your dismissal stemmed from a flawed or biased workplace investigation. We work to ensure your right to procedural fairness.

Constructive Dismissal & Forced Resignation

Representation for situations where you felt compelled to resign due to the employer's conduct (constructive dismissal) or were coerced into resignation.

Mediation and Conciliation

Skilled representation during fair work commission, mediation and conciliation hearings, aiming for a fair settlement.

Fair Work Hearings

Should your matter proceed to a formal hearing, we provide and assist with representation to present your case effectively.

Our 'No Win No Fee' Commitment

We believe that everyone deserves access to expert representation, regardless of their financial situation. Our 'No Win No Fee' policy means you only pay our professional fees if we achieve a successful outcome for your fair work unfair dismissal claim. This allows you to pursue justice without upfront financial burden. Winning is in our DNA
Request a Free Consultation
Available 24/7 For Employees
1800 333 666

Frequently Asked Questions (FAQs)

Unfair dismissal relates to the fairness and reasonableness of the dismissal process and reason, as per the Fair Work Act 2009. Unlawful termination, on the other hand, involves dismissals that breach anti-discrimination laws or other general protections.

Read: Unlawful and Unfair Dismissal Explained

The duration of an unfair dismissal claim can vary depending on the complexity of the case, the willingness of both parties to settle, and the fair work commission’s schedule. Some cases can be resolved quickly through conciliation, while others may proceed to a formal hearing and take several months.

Compensation for unfair dismissal primarily aims to cover lost income. The Fair Work Commission may order reinstatement to your job or compensation up to a maximum cap (currently 26 weeks of the employee’s wage) for losses incurred.

Read: Unfair Dismissal Compensation & Payout: How is it Calculated?

In cases of "constructive dismissal," yes. If your employer's conduct was so unreasonable that it left you with no option but to resign.

It may be considered an unfair dismissal. We can assess if your resignation qualifies as a constructive dismissal.

It is crucial to contact an experienced workplace advisor like Australian Workplace Discrimination Representatives as soon as possible. Remember the 21-day deadline. Gather all relevant documents, such as your employment contract, dismissal letter, and any correspondence related to your employment or dismissal.

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