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Everything you need to know about unfair dismissal and your rights in Australia.
The General Protections provisions are set out in Part 3-1 of the Fair Work Act 2009 (Cth).
If you a victim of having no choice other than to resign you may be eligible for reparations.
Learn more about redundancy. Was your redundancy genuine? Read more below.
If you feel you may be a victim of harassment and bullying in the workplace read more below.
Get advice on workplace investigations and how to approach complaints in the workplace.
Abandonment arises in circumstances where an employee is absent from the workplace without reasonable excuse.
If an employee has wrongfully been dismissed for serious misconduct it may be unfair dismissal.
We're here to provide information and advice about your workplace rights and obligations.
As a dedicated organisation of workplace representatives, we’ve assisted with over 16,000 employee claims from all states in Australia. Each year, we receive around 120,000 online enquiries, and our services are free of charge. By reaching out to us, you can count on our upfront and caring approach.
Timing is critical in unfair dismissals. Failing to file within the 21-day window can waste hours. That’s where we come in – our team can guide you through the process and increase your chances of receiving the maximum compensation. Please note that we are not lawyers, nor are we affiliated with the Fair Work Commission or any government agency. However, we’re committed to supporting you every step of the way. Contact us for assistance with your unfair dismissal claim in Australia.
Unfair Dismissals Australia has represented employees for two decades. Our expertise in unfair dismissals has earned us a reputation that employers both know and fear. If you suspect you’re entitled to a payout, it’s imperative to seek professional assistance.
Our team of experts is well-equipped to help you navigate the legal complexities of unfair dismissals. We strive to secure the maximum compensation possible for you and your loved ones. Don’t hesitate to contact us for guidance and support with your unfair dismissal case.
You are likely to be entitled to compensation if you are a victim of unfair dismissal in the workplace.
My ex-employer was a pretty well known man with many contacts. I felt helpless at the time and was forced into things I don’t wish to talk about ever again before being unfairly dismissed. I came across Unfair Dismissals Australia on Google, something told me to call them. I will never forget the day I did, it changed my life forever. My case was settled in 5 days and I received a very handsome compensation.
Thank you Gary! You are very credible, professional and sharp! The handling of my unfair dismissal claim was top notch and should I ever require assistance again you can guarantee you will be my first point of contact.
I did not know what my rights were and what a true redundancy was. The staff were great at helping me realise that I had been subjected to an unfair dismissal. From there they explained the process in a way that I could easily understand and help me achieve an outcome that I was more than happy with.
Thank you for all your help with my unfair dismissal. I am extremely happy with the outcome we were able to achieve. Gary is great at what he does and knows what he is talking about.
I’m amazed with the service and expert advice I received. The whole process was very fast and I have happily moved on with my life. Will recommend your services to anyone I come across who requires them. Angie.
I give me full recommendation to the team at AWDR. They took so much stress off my shoulders and were very accessible and fantastic with their communication. My previous employer would have continued to get away with their mistreatment of employees had I never found AWDR online. Thank you so much for everything!
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In the Australian Capital Territory (ACT), unfair dismissal is regulated by the Fair Work Act 2009 (Cth) and the Fair Work Commission.
Under the Act, an employee who believes they have been unfairly dismissed may apply to the Fair Work Commission within 21 days of their termination. The Commission will then assess the application and decide whether the dismissal was unfair or not.
To be eligible to claim unfair dismissal, an employee must have been employed for at least 6 months (or 12 months for a small business with less than 15 employees), and their dismissal must not have been a case of genuine redundancy.
If the Commission finds that the dismissal was unfair, it can order the employer to pay compensation or reinstate the employee in their former position. However, if the employer can demonstrate that the dismissal was a case of genuine redundancy, the dismissal will generally be considered fair.
It's worthwhile to note that the Fair Work Commission considers a range of factors when determining whether a dismissal was unfair or not. These factors include the reason for the dismissal, the employer's process, and the overall circumstances of the case. For this reason, employees should seek legal advice if they believe they have been unfairly dismissed.
In summary, the Fair Work Act protects against unfair dismissal under the ACT. Employees who believe they have been unfairly dismissed can apply to the Fair Work Commission. If you believe you have been unfairly dismissed, it's wise to seek legal advice and act promptly, as there are strict time limits for making a claim.
Dismissals that are unfair or unjust are wrongful terminations. Fair Work Commission and Fair Work Act 2009 (Cth) govern unfair dismissals in New South Wales (NSW).
Employees in NSW seeking unfair dismissal must have been employed for at least six months (or twelve months for small businesses with less than 15 employees), and their dismissal must not have been a genuine redundancy.
The Fair Work Commission can be contacted within 21 days after an employee believes they have been unfairly dismissed. A fair or unfair dismissal will be determined by the Commission.
It can order the employer to compensate the employee or reinstate them in their former position if the dismissal is found to be unfair. Employers can generally get away with dismissals if they can prove that the dismissal was due to genuine redundancy.
When deciding whether a dismissal was unfair, the Fair Work Commission considers various factors, including the reason for the dismissal, the process followed by the employer, and the overall circumstances. The law encourages employees who feel unfairly dismissed to seek legal advice.
For NSW employees covered by state awards or agreements, specific protections against unfair dismissal also exist. Additional protections are provided by these laws.
In summary, the Fair Work Act protects employees from unfair dismissal in NSW, and employees may apply to the Fair Work Commission if they believe they have been unfairly dismissed. Legal advice should be sought immediately if you suspect you have been unfairly dismissed, as there are strict time limits.
The firm represents all Australians with unfair dismissal claims in Brisbane, Gold Coast, Townsville, Cairns, Rockhampton, and the surrounding areas. We are the number one unfair dismissal representatives for employees in Queensland. With us, you are guaranteed a maximum payout, no win, no fee, and fast results. You may contact us for a free consultation if you live in Queensland and have been unfairly dismissed. We specialise in unfair dismissal cases in Queensland and have years of experience in this field. Our team has helped hundreds of Australians successfully resolve their cases. We understand the nuances of Queensland's unfair dismissal laws and can provide guidance on the best course of action for your situation.
We represent all Australians with unfair dismissal claims in Perth and its surrounds. We are WA's number 1 for unfair dismissal representation. We offer maximum payouts, no wins no fees, and fast results. If you live in Perth or any area in Western Australia and have been unfairly dismissed and require our services urgently, Call us today at 1800 333 666 for a free consultation.
We proudly serve as superheroes for hardworking Australians in the Northern Territory who have been unfairly dismissed from their jobs. Our team stands at the forefront of fighting for justice in the Northern Territory. We have an unwavering commitment to securing the maximum compensation for our clients.
But that's not all. We take it above and beyond by offering our services without upfront fees - you only pay if we win your case. And with our speedy approach, you won't have to wait long for results.
So if you're based in Darwin or anywhere in the Northern Territory and have been wrongly dismissed, look no further. Give us a call today at 1800 333 666 for a free consultation. Trust us, you won't regret it.
In Adelaide and the surrounding regions, we stand proud as the ultimate representation for Australians seeking justice in their unfair dismissal claims. Our team of unfair dismissal experts are unparalleled in South Australia, and we are dedicated to securing the best payouts for our clients.
Unfair Dismissals Australia is driven by a mission to achieve swift results, and we never charge fees unless we win your case. With our unparalleled commitment and expertise, we're the ones to turn to in Adelaide or anywhere in South Australia. We also offer assistance if you have been unfairly dismissed. So don't wait anymore, contact us today at 1800 333 666 for a free consultation. Let us help you fight for your rights and ensure justice.
We represent Australians with unfair dismissal claims in Hobart, Launceston, and nearby areas. As Tasmania's top representative for unfair dismissals, we are committed to delivering fast results and maximum compensation. With our no-win, no-fee policy, we prioritise our clients' interests and strive to provide the best outcome. If you are a resident of Tasmania or any part of Tasmania and have been unfairly dismissed, contact us today at 1800 333 666. This is for a free consultation.
Under the Fair Work Act 2009 (Cth), a person has been unfairly dismissed if the Fair Work Commission (the Commission) is satisfied that an employee (who is protected from unfair dismissal) has been terminated and the dismissal was harsh, unjust, or unreasonable, and was not consistent with the Small Business Fair Dismissal Code (in the case of employees of a small business), and was not a case of genuine redundancy. Employees who have been unfairly dismissed can lodge an Unfair Dismissal Application with the Fair Work Commission. There is a strict 21-day period after your dismissal to lodge an application. If you wish to discuss this matter further, please contact us for free advice on 1800 333 666.
When assessing whether a dismissal is harsh, unjust, or unreasonable, the Fair Work Commission must consider:
Was there a valid reason for the termination related to the employee’s capacity or conduct?
Was the employee notified of this reason?
If the employee was given any opportunity to respond to that reason,
Whether there was any unreasonable refusal by the employer to allow the presence of a support person for any discussion relating to the termination;
Did the employee get warned about unsatisfactory performance prior to termination if this was the reason for termination;
The degree to which the size of the employer’s enterprise would likely impact the procedures followed in terminating;
The degree to which the absence of dedicated human resource managers specialists or knowledge would impact the procedures followed in termination and;
Any other matters the Commission considers relevant.
You have 21 days to make a claim and most claims are settled before they ever see a courtroom. Having been involved in workplace representation and representing thousands of clients employers now know of us and fear us. This is why we love to let the public know we can achieve maximum payouts and quick results.
You have 21 days from the date you were dismissed to submit a well-written letter to Fair Work Australia. It is highly recommended that this claim is submitted correctly and by a representative that knows the ins-and-outs of workplace claims.
According to the Fair Work Act 2009, casual employees are not entitled to file an unfair dismissal claim. Casual employment is not considered to be a form of ongoing employment, therefore casual employees are not protected against unfair dismissal. It should be noted, however, that casual employees may still be protected by other laws, such as anti-discrimination laws and workplace safety laws. Should you have any questions regarding your employment status or rights, you should seek legal advice.
$8,704
How much is an unfair dismissal payout? According to the latest FWC figures, the median unfair dismissal payout is $8,704. The maximum amount of compensation you can receive is the lower of the two following amounts: Half of your annual wage OR
Give us a call or send us a message. There’s nothing to lose and you can get some well needed advice on your situation and options moving forward. Most of our clients originally come to us having no idea they were entitled to compensation and how fast they could receive compensation from their ex-employer.
There is a common misconception that resigning from a job will prevent you from bringing a case for unfair dismissal against your employer. The employee may still claim unfair dismissal if forced to resign. Due to the involuntary nature of the resignation, this is referred to as constructive dismissal.
