Unfair Dismissals Australia

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 dismissed 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 to the Fair Work Commission. There is a strict 21 days after your dismissal takes effect 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 take into account:

• whether there was a valid reason for the termination which relates to the employees’ capacity or conduct;
• whether the employee was notified of this reason;
• whether 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;
• whether the employee was warned about unsatisfactory performance prior to the termination if this was the reason for the termination;
• the degree to which the size of the employer’s enterprise would likely impact on the procedures followed in making the termination;
• the degree to which the absence of dedicated human resource manager specialists or expertise in the employer’s enterprise would be likely to impact on the procedures followed in the termination and;
• any other matters the Commission considers relevant.

You have 21 days to make a claim and a majority of claims are settled before they ever see the inside of a court room. Having been involved in workplace representation and representing thousands of clients employers now know of us and they 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 written to Fair work Australia. It is highly recommended this claim is submitted correctly and by a representative that knows the ins-and-outs of workplace claims.

The General Protections provisions are set out in Part 3-1 of the Fair Work Act 2009 (Cth) (the FW ACT). Under the FW Act, employers are prohibited from taking adverse action against an employee because of a workplace right or industrial activities and protects against discriminatory treatment on the basis of protected attributes and sham arrangements.

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.