Unfair dismissal is when an employee is terminated from their job without being given a valid reason. This can happen for several reasons, such as if the employer doesn’t have a valid reason for firing the employee or if the termination is harsh, unjust, or unreasonable.
In Australia, there are strict laws in place to protect employees from being unfairly dismissed. If you believe you have been unfairly dismissed from your job, you can take legal action against your employer.
There are a few different types of unfair dismissal, including:
- General unfair dismissal – This is when an employee is terminated without a valid reason.
- Harsh, unjust, or unreasonable dismissal – This is when an employee is terminated for a valid reason, but how they are dismissed is harsh, unjust, or unreasonable.
- Unfair dismissal due to workplace misconduct – This is when an employee is terminated for misconduct, but the misconduct was not serious enough to warrant dismissal.
If you have been unfairly dismissed from your job, you can take legal action against your employer. You can file a claim with the Fair Work Commission (FWC), the government body responsible for workplace disputes.
The FWC will investigate your claim, and if they find that you have been unfairly dismissed, they can order your employer to reinstate you in your job or pay you compensation.
You can also choose to take your case to court, but this is usually a more expensive and time-consuming option.
If you believe you have been unfairly dismissed from your job, you should seek legal advice as soon as possible.
Who Can Claim Unfair Dismissal in Australia?
To make a claim for unfair dismissal, you must meet the following criteria:
You must be employed under a contract of service with your employer. This means that you are an employee and not an independent contractor.
You must have worked for your employer for at least six months, unless your dismissal was for a genuine operational reason.
Employees working for a small business need to be employed for at least 12 months before they can apply.
You must have been dismissed from your job. This means that your employment has come to an end, either because you were given notice or your employment was terminated without notice.
You must not be excluded from making a claim for unfair dismissal. This includes employees who are employed under a contract for a specified period and employees who are employed on a temporary basis.
How Do I Make a Claim for Unfair Dismissal?
If you believe you have been unfairly dismissed from your job, you will need to lodge a claim with the Fair Work Commission (FWC).
You can lodge your claim online or by post.
You will need to provide the following information:
- Your contact details
- Your employer’s contact details
- The date of your dismissal
- The reason for your dismissal
- A description of your job and your duties
- Your pay rate
- Your pay period
- The date you started working for your employer
- The date your employment ended
- The names of any witnesses to your dismissal
You will also need to provide any supporting documentation that you have, such as your employment contract, pay slips or performance reviews.
You will need to lodge your claim within 21 days of the date of your dismissal. If you lodge your claim late, the FWC may still decide to hear your case, but they may also decide not to. Once your claim has been lodged, the FWC will contact your Once your claim has been lodged, the FWC will contact your employer and ask them to respond to your claim.
There are a few key things to know about unfair dismissal in Australia. First and foremost, it is important to know that it is illegal for an employer to dismiss an employee without a valid reason. Secondly, if an employee is dismissed for a valid reason, they may still be able to challenge the dismissal if they believe it was unfair. Finally, it is worth noting that there are several different avenues that an employee can take if they believe they have been unfairly dismissed, such as filing a complaint with the Fair Work Commission or taking legal action.
Saines Legal is your go-to partner whenever you need help with your superannuation contributions or any employment-related issues. Our team has the knowledge and legal support you need to increase your chances of getting a favourable outcome. Contact us today and talk to a workplace lawyer in Brisbane you can rely on.