Sexual Harassment in the Workplace
Unfair dismissal in Australia
Australians believe in the right to a fair go, that’s why we have strong unfair dismissal laws.
An employer needs to have a valid reason to terminate your employment and the dismissal must be procedurally fair. This means that in most circumstances, you should be given warnings and a chance to improve your conduct and/or performance before an employer dismisses you.
Unfair dismissal lawyers
If you think that your employer does not have a valid reason, or you have not been afforded procedural fairness, we can help! But be quick, you only have 21 days from the date of dismissal to commence an unfair dismissal claim.
Our eligibility questionnaire will help determine if you are protected from unfair dismissal. It will take about 5 minutes and if you complete the employee details, we will be in touch with an obligation free phone call and an upfront fixed fee quote.
An unfair dismissal occurs when an employee has been dismissed, and the dismissal is harsh, unjust or unreasonable. If you are employed by a small business, you will be unfairly dismissed if your dismissal was not consistent with the Small Business Fair Dismissal Code.
If you have been made redundant, your dismissal will be unfair if it was not a case of genuine redundancy.
The unfair dismissal protections under Australian law exist to ensure that a ‘fair go all round’ is given to both employees and employers.
As an employee, you will be protected from unfair dismissal if:
- You earn under the high income threshold (currently $148,700); or
- If a modern award covers your employment; or
- If an enterprise agreement covers your employment.
You must also have completed your minimum period of employment of 6 months. If you are employed by a small business, this is 12 months.
You must make an application for unfair dismissal within 21 calendar days after the dismissal takes effect.
You can make an application through a legal representative (such as Resolution123), or by yourself through the Fair Work Commission.
You will receive a quote within 24 hours of submitting your enquiry, and you can partner with your lawyer to commence resolving your matter as early as the next working day if you choose. If your work claim relates to the dismissal of your employment an unfair dismissal or general protections application must be lodged within 21 days of your dismissal, and the sooner the better to reduce your loss.
The Fair Work Commission will then set a time for your matter to be conciliated via telephone, usually within a fortnight of the application being lodged. Conciliations generally take around 90 minutes and the objective is to resolve your work claim during that time. If a settlement can be reached your claim could be resolved within 7 days of the conciliation date.
Our expert workplace lawyers are able to provide legal services at around 1/3 the cost of what you might expect to pay an equally experienced employment lawyer in traditional practice. This is because we have eradicated the billable hour, we provide value based fixed fee quotes and we have cut out the fat associated with traditional legal practice (fancy office spaces etc).
You will receive a free, fixed fee quote within 24 hours of submitting your enquiry. At Resolution123 we aim to put employment law advice within cost reach of every employee, without compromising on quality.
For an unfair dismissal application, there is a filing fee of $73.20 payable directly from you to the Fair Work Commission.
Your lawyer will advise you on the likely remedy range available to you based on the particular factors relevant to your claim e.g. age, length of service, harshness etc.
The best way to manage the risk of your employer disparaging you is through a non-disparagement agreement. This is standard in the Fair Work Commission terms of settlement and means that your employer cannot say or do anything that could cause harm to you and your reputation.
If you commence an application and it is conciliated, the conciliation is confidential and if your work claim can be resolved at this stage, the terms of settlement are also confidential. Terms of settlement often include: an agreement to refer to the dismissal as a resignation; an obligation on your employer to provide a statement of service; to keep all matters relating to the application and settlement confidential; and not to disparage you in any way.
“Resolution123 represented me in an unfair dismissal, with the settlement I was able to receive a positive outcome. I was extremely impressed with their efficiency and support during the process and highly recommend their services.
“Carly, you had logically sound arguments and counters to questions at the pre-hearing, that were well prepared and delivered with finesse and reason. Your articulation of my grounds for dispute, backed with rock solid case law, was validating, you were in my corner 100%. Thank you for your preparedness in this game-changer hearing
Overall, thank you for your unwavering belief in my case up against a corporate giant, your willingness to proceed with me on principle, for not judging me in what was a complex matter, and for delivering the best outcome for me under the circumstances.”
Program Management Officer
“Genevieve, Thank you for your time, patience, professionalism and expertise when dealing with my unfair dismissal claim. You came highly recommended and from the moment I spoke to you I realised that I had made the right decision in pursuing the application. Navigating the whole process was very daunting and stressful and at times I thought it would be easier to just withdraw and walk away. Once you took over my case you kept me well informed at every stage and showed so much genuine care and empathy. I am so pleased with the outcome and realise now, how important it is to engage an expert like yourself”
“After fifteen years employment as a part-time bookkeeper I was treated very badly by a new manager and despite an impeccable employment record was summarily dismissed within three weeks of the changeover. After initially being turned down by larger legal firms because the potential size of my claim wasn't big enough for them the people at Resolution123 took me on and prepared a case to take to the Fair Work Commission on my behalf. They were thorough, professional and achieved results that exceeded my expectations. They went for the maximum compensation possible and achieved it completely. The feeling of vindication was very good and I can't recommend them highly enough. Thanks again Carly and Genevieve.”
From Our Blog
What is an unfair dismissal?
An unfair dismissal will occur when an employee has been dismissed, and the dismissal is harsh, unjust or unreasonable. If you are employed by small business, as defined by the Fair Work Act 2009 (Cth) (the FWA), you will be unfairly dismissed if your dismissal was not consistent with the Small Business Fair Dismissal Code.
Are small business employees protected from unfair dismissal?
The Australian Small Business and Family Enterprise Ombudsman has sought a review of the Small Business Fair Dismissal Code. If an employer employs less than 15 employees and complies with the Code, an employee cannot succeed in an unfair dismissal claim.