Unfair Dismissal

What is Unfair Dismissal?

Unfair Dismissal is an employment law claim which can be brought by an employee who feels that their termination of employment was unfair. A person will be unfairly dismissed from their job if:

  • The dismissal was harsh, unjust or unreasonable;
  • The dismissal was not a case of a genuine redundancy; or
  • If the employer is a small business and failed to follow the small business fair dismissal code.

There are over 8 other criteria which are used to help determine if the dismissal of employment was harsh, unjust or unreasonable.

What Remedies Are Available?

Some different types of remedies that employees seek are:

  • Reinstatement (get your job back);
  • Compensation;
  • Statement of service (reference); and/or
  • Non-disparagement agreements.

Are There Any Time Limits?

In both the Queensland and Federal jurisdictions, a person must bring an unfair dismissal application within 21 days of being dismissed. In some cases where there are extenuating circumstances, the commission can grant leave to extend this timeframe, however, it is strongly recommended that all claims are filed in time.

Are There Other Claims That An Employee Could Bring?

Sometimes an unfair dismissal claim might not be the appropriate claim for an employee to bring against their employer (or former employer). Some other types of claims that often overlap with unfair dismissal claims are:

  • Discrimination Claims;
  • Unlawful Dismissal Claims;
  • Workplace Bullying Claims;
  • General Protections Claims;
  • Sham Contracting Claims;
  • Contravention of a Modern Award Claims; or
  • Unpaid Wages Claims.

It is important that you talk to a lawyer to make sure you commence the right type of claim.

How Can Saines Legal Help You?

Saines Legal and its lawyers’ sole focus is employment law, meaning that we deal with unfair dismissal and other employment law litigation matters on a daily basis. As such, Saines Legal knows how to get the best results for you.

Contact Us Today