What is an unfair dismissal?
An unfair dismissal happens when you are sacked in a harsh, unjust or unreasonable manner.
Harsh means your dismissal was disproportionate to the offence that you committed.
Unjust means your employer did not have a valid reason to sack you.
Unreasonable is when your employer acted unreasonably when dismissing you, or you were not given procedural fairness.
An unfair dismissal also happens when it is not consistent with the Small Business Fair Dismissal Code, or if the dismissal is not a genuine redundancy.
Not every dismissal qualifies as unfair, but that’s where our expert team can help.
We can tell you if your claim has a chance of success, and advise you of your best options moving forward.
Who is eligible to make a claim for unfair dismissal?
You are eligible to make a claim for unfair dismissal:
- If you are covered by a modern award or an applicable enterprise agreement.
- If you earn less than $158,500 annually.
- And if you have been employed for more than six months (12 months if you work for a small business with less than 15 employees).
How much compensation will you get?
The maximum monetary settlement you can receive for an unfair dismissal is 26 weeks pay, however, most cases settle for much less than this.
Depending on your circumstances, we may even be able to get you your job back, and help you recover whatever wages you lost during the period of your unfair dismissal.
How we will help you
Our specialist team will quickly assess your case and advise you of the following:
- the likelihood of success
- how much it will cost
- and how long it will take
If we are able to take on your case, we will:
- handle all negotiations with your employer
- file all documentation with the Fair Work Commission, Industrial Relations Commission, or other relevant court or tribunal
- advocate for you in any mediation or conciliation conferences
- represent you at any formal hearings or court proceedings
- negotiate compensation payments on your behalf
Rest assured, our specialists have extensive experience in unfair dismissal matters, and will work hard to achieve a successful outcome for you.
Our goal is to take the pressure and the stress off you, and help you achieve justice.
You only have 21 days to act
You have just 21 days from the date of your dismissal to file a claim, so don’t delay!
Call our team of employment lawyers and industrial advocates at Dismissals ‘R’ Us today on 1800 434 733.
We look forward to helping you.
LAST UPDATED: July 2021
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