Unfair Dismissal Tasmania

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What is Unfair Dismissal in Tasmania?

An unfair dismissal occurs if an employee has been made redundant due to unfair circumstances. These unfair circumstances vary depending on the job, the situation and why the dismissal occurred. Often an employee is dismissed unfairly and due to not being aware of legalities in the workplace they miss a severance package or chance to appeal. 

If you are unsure on what to do a simple call to us will clarify everything and at the same time take a lot of stress off your shoulders. Give us a call 7 days a week on 1800 333 666.

What To Do

If you feel you have been unfairly dismissed by your employer contact us. A simple call with one of our staff can ease a lot of the stress you are going through and it only takes a couple of minutes. We have staff available 7 days a week. 1800 333 666

Where Does Tasmania Sit With The fair Work Commission?

When perusing through the bulletins of the Fair Work Commission, Tasmania is not a frequent mention, in fact five months into 2021, Tasmania is yet to make an appearance.

The last report from the Fair Work Commission for the years 2019-20 stated that only 48 hearings were conducted in Hobart. This can be compared to the total of 2,965 claims that were heard in person by the Fair Work Commission during that time (see: https://www.fwc.gov.au/documents/documents/annual_reports/ar2020/fwc-annual-report-2019-20.pdf).

This data can show us two things. The first is that Tasmania has an exceptional settlement rate to which not many disputes reach the Fair Work Commission in Tasmania. Another potential reason for this data is that Tasmania has been isolated from information and updates regarding unfair dismissals in Tasmania.

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Can I Lodge An Unfair Dismissal Claim In Tasmania (TAS)?

The first question that we ask our clients is ‘when were you dismissed?’. The Fair Work Commission has a strict 21- day limit. That is 21 calendar days as public holidays and weekends are counted within those 21 days. The next step is to check whether you have been employed for the required length of service. If your employer is a small business (less than 15 employees), you have had to have been employed for at least 12 months with the Company. If your employer had more than 15 employees at the time of your dismissal, the length of service required by Fair Work to lodge an unfair dismissal is 6 months.

Can any type of worker make a claim?

Full time and part time workers are instantly eligible to lodge an unfair dismissal application, provided they meet the requirements mentioned above. It is a bit more difficult for casual workers in Tasmania, as casual workers have to prove that their hours and work has been regular and systematic. This is usually demonstrated through average weekly hours on a roster.

How do I know if my dismissal is unfair?

The Fair Work Commission applies the test that if a dismissal “is harsh, unjust or unreasonable” on the circumstances, this constitutes an unfair dismissal as per s 385(b) of the Fair Work Act 2009. The Fair Work Commission lists the following criteria as examples of what Fair Work Tasmania may consider when evaluating your claim:

  • Was there a valid reason for your dismissal relating to your capacity or conduct (including its effect on the safety and welfare of other employees)?
  • Were you notified of that reason?
  • Were you given an opportunity to respond to any reason related to the capacity or conduct brought up?
  • Was there an unreasonable refusal by the employer to allow you to have a support person present to assist at any discussions relating to dismissal?
  • If the dismissal related to unsatisfactory performance, were you warned about the unsatisfactory performance prior to your dismissal?
  • The degree to which the size of the employer’s enterprise would be likely to impact on the procedures followed in effecting the dismissal
  • The degree to which the absence of dedicated human resource management specialists or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal, and
  • Any other matters that the Commission considers relevant
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Unfair Dismissal - Where To Next?

If you believe that your dismissal was harsh, unjust or unreasonable, then you can lodge a form with Fair Work Tasmania called an F2. After you lodge this claim, the Commission will notify you of the date of your conciliation conference, where a settlement will be attempted to be negotiator with the help of a conciliator.

This does sound a bit overwhelming and inaccessible, doesn’t it?

If you’re in Tasmania and feel like this whole process may be a bit too stressful, don’t worry give us a ring on 1800 333 666 and let us help you.

Tasmanian Industrial Commission (TIC)

In Tasmania, employees of the State public sector are not protected under the national Fair Work system, unless their employer has a registered agreement in the national system. Employees not covered by the national system can pursue their industrial relations matter under their state system, which is the Tasmanian Industrial Commission (TIC). Furthermore, unlike in other States, local government employees are protected by the national system.

Fair Work Commission Hobart

A dismissed employee in Tasmania that does not work for a State government entity can pursue an unfair dismissal claim in the Fair Work Commission.

A dismissed employee in Tasmania that works for a State government entity can pursue an unlawful dismissal claim in the Fair Work Commission.

Get in Touch

Get in touch with the staff at Unfair Dismissals Tasmania for a free consultation. We will listen and provide the correct advice on how to move forward with your unfair dismissal case.

Please understand that the sooner you contact us the sooner we can help you move forward.

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