Do you need the ultimate experts in unfair dismissal Victoria has on offer? Look no further than Australian Workplace Discrimination Representatives. Understanding the options (including mediation) and lodging an unfair dismissal application with the Fair Work Commission can be confusing and confronting for many, and don’t feel alone. Our team are non-lawyers, but rather Workplace Advisors supporting only employees. With extensive experience in the unfair dismissal Victoria eligibility requirements and process for lodging an application with the Fair Work Commission you can rest easy knowing you are in good hands.
Victorian Unfair Dismissal & Fair Work
If you have been fired / dismissed from your work environment and accept your employer has unfairly dismissed you, or you had to resign because of something your employer did, you might be eligible to lodge up an application to the Fair Work Commission for compensation.
In Victoria, employees are eligible to make put forward and application for unfair dismissal through the Fair Work Commission within 21 days of dismissal if:
- The dismissal is deemed to be harsh, unjust, or unreasonable
- The dismissal was not a case of genuine redundancy
- The employee was employed by a small business, but your dismissal was not consistent with the Small Business Fair Dismissal Code.
Lodging an application for unfair dismissal with the Fair Work Commission needs to be within their ‘jurisdiction’, and you need to:
- Lodge an application within 21 days of dismissal becoming effective.
- Be covered by the national workplace relations system.
- Have already been dismissed by your employer.
- Meet eligibility criteria, including the minimum employment period.
Your Employer – Jurisdictional Objections
It is important to note that if your employer does not believe the dismissal of an employee is withing the Fair Work Commission’s jurisdiction they may lodge an ‘jurisdictional objection. Instances where this might occur would be, just to name a few:
- the application was lodged more than 21 days after the dismissal took effect, unless there were exceptional circumstances for not lodging the application on time.
- the employee dismissed worked for the employer for less than 6 months, or less than one year if the employer was a small business employer.
Get the Support With Your Unfair Dismissal Claim in Victoria
Contact AWDR on 1800 333 666 to discuss your eligibility. We will assign you a dedicated Workplace Advisor to determine your eligibility. Once your eligibility is determined our team will work through an obligation free proposal evaluation.
Based in Melbourne, Victoria we offer face to face or phone assessments to suit your specific requirements. Our team of Workplace Advisors are also available to support employees across all other states in Australia.
In Victoria and in general, Unfair dismissal is a term in labour law to describe an act of employment termination without good reason, or contrary to the country’s specific legislation.
Unfair dismissal in Australia is the term used to describe a dismissal that is considered “harsh, unjust or unreasonable” under section 385 of the Australian Fair Work Act 2009.
Unfair dismissal is qualified as the unreasonable and unjust, and often harsh dismissal of an employee. Instances like genuine redundancy and serious misconduct (both under certain circumstances) just to name a couple could qualify as reasonable.
We strongly recommend empoloyees seek support if you are unsure whether or not your unfair dismissal claim qualifies according to the Fair Work Act (2009). Our team of Workplace Advisors are not lawyers, but we are your on call superheroes ready to help! We fight to win!
If lodging a claim for unfair dismissal you have 21 days of the dismissal taking effect. The 21 days is quite a strict deadline, but consideration may be given in absolutely strenuous circumstances. Talk to AWDR today to discuss any concerns you have around your ability to lodge an application with the Fair Work Commission.
Lodging an unfair dismissal application to the Fair Work Commission is a legal process. As such you need be sure to follow the process as set out by the Fair Work Commission, including the submission of a Form F2 (application form). 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.
- You will need to include details around the reason your employer dismissed you, and why you believe the dismissal to be unfair.
- In the form you will need to answer each question that’s applicable with as much detail as you can.
This can be a difficult process for many, specifically in ensuring all of the details around the dismissal are accurately recorded on the application. Our team of Workplace Advisors at AWDR are able to offer assistance with this process. This includes completing an application with you, dependant on your circumstances and whether you meet the criteria to put forward an application to the Fair Work Commission.
If your employer fired you or dismissed you because you made a complaint about sexual harassment in Victoria or any othe state you have options to pursue unfair dismissal, and through the vairous state tribunals, and/or Human Rights Commission. Contact AWDR to discuss your options.
Unfair Dismissal is covered in the Fair Work Act 2009. You can review the unfair dismissal process overview below which applies to the majority of cases through the Fair Work Commission. Our team are also available to provide you with industry leading support through this process.
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