Unfortunately if you have been employed for less than 6 months (or 12 months with a Small Business Employer), you are not eligible to lodge an Unfair Dismissal Claim. Do not give up hope though, you may be able to pursue other types of claims. Just remember that you have workers rights and it’s important you know about them.
We may represent you if you have been dismissed after working less than 6 months if you have been sexually harassed, discriminated against, or subject to adverse action because you exercised a workplace right (e.g. dismissed because you took sick leave for yourself or to care for a child or loved one, dismissed because you reported an OH&S hazard, dismissed because you lodged a Work Cover claim, dismissed because you complained about not receiving the right pay). To lodge these types of claims, it doesn’t matter if you’re a casual or a permanent employee. If you’re a subcontractor or agency worker you are probably also protected.
If you do not have a sexual harassment, discrimination or adverse action claim, you may wish to consult a solicitor to advise you on whether you have a breach of contract (wrongful dismissal), personal injury claim or other type of claim. We do not represent employees in wrongful dismissal or personal injury claims.
If you have any questions about your workplace rights, give us a call on 1800 333 666.
