What makes a dismissal unfair?
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 the dismissal is not a genuine redundancy.
Not every dismissal qualifies as unfair, but that’s where our expert team 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 lodged in the Fair Work Commission, but not all workers are eligible.
To make a claim for unfair dismissal you must:
- be covered by a modern award or an applicable enterprise agreement
- earn less than $145,400 annually
- 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?
Almost all unfair dismissal claims are settled during compulsory conciliation in the Fair Work Commission, long before they reach 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.
Depending on your circumstances, we might even be able to get you your job back.
You only have 21 days to make claim
You have just 21 days from the date of your dismissal to lodge a claim.
Don’t delay – call our team of employment lawyers and industrial advocates today on 1300 853 837 or click here to register for a quick call back from one of our consultants.