What makes a dismissal unfair?
An unfair dismissal happens when you are sacked in a harsh, unjust or unreasonable manner.
Harsh means your dismissal is 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 acts unreasonably when dismissing you, or if you are 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 of employment lawyers and industrial advocates can help, and advise you of your best options moving forward.
Who is eligible to make a claim for unfair dismissal?
Unfair dismissal claims are filed in the Fair Work Commission, but not all workers are eligible to make a claim.
To make a claim for unfair dismissal you must:
- be covered by a modern award or an applicable enterprise agreement
- earn less than $153,600 annually (as of 1 July 2020)
- have been employed for more than six months (12 months if you work for a small business with less than 15 staff)
How much compensation will I get?
Most unfair dismissal claims are settled during conciliation in the Fair Work Commission, long before reaching a full hearing.
The maximum monetary settlement you can receive for an unfair dismissal is 26-weeks pay, although most cases settle for much less than this.
You only have 21 days to make claim
You have just 21-days from the date of your dismissal to file a claim.
Don’t delay – call our team of employment lawyers and industrial advocates today on 1300 324 748 or click here to register for a quick call back from one of our consultants.
LAST UPDATED: March 2021
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