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What is an unfair dismissal?

An unfair dismissal is 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 options.

Who Is Eligible To Make A Claim for Unfair Dismissal?

You are eligible to make a claim for unfair dismissal:

1.  If you are covered by a modern award or an applicable enterprise agreement.

2.  If you earn less than $145,400 annually.

3.  If you have been employed for more than six months (12 months if you work for a small business).

How Much Compensation Will I Get?

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 may be able to help you recover any lost wages, and we might even be able to get you your job back.

You Only Have 21 Days To Act

You have just 21 days from the date of your dismissal to lodge a claim, so call our team of employment lawyers and industrial advocates at Fair Work Claims today on 1300 853 837 or enquire here.


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