Unfair Dismissal

Yes. We offer a free 15 minute consultation. This time allows us to get a basic understanding of your case and let you know how we can help you. After the consultation, we may send you some follow up questions or respond with a fixed fee quote.

Dismissal of an employee may be considered unfair if:

• there was no valid reason for dismissal
• there were issues with the way the process was carried out
• the employer’s response was disproportionate to the worker’s conduct
• not enough warnings were given to the employee
• the employee was dismissed because of a discriminatory reason

In general, the maximum amount of compensation that can be awarded for unfair dismissal is 26 weeks of the employee’s annual salary.

The Fair Work Commission does not often grant extensions to the 21 day time limit on unfair dismissal applications. It is important for applications to be submitted on time (even if supporting information is provided later).

An extension may be granted if a worker suffers a serious illness, is hospitalised for that period, or some other compelling and genuinely unavoidable circumstance that meant the application was not lodged on time.

Our employment legal team will assess your legal matter and provide you with a fixed fee quote. Our quote will vary depending on the complexity of your matter and what legal advice you seek but usually range between $850 to $3,500 plus GST.

We recommend that you seek legal advice from experienced employment lawyers. Unfair dismissal is not just about the reason for the dismissal but can also apply if the process that was followed was incorrect.

Employees and employers are unable to contract out of the unfair dismissal regime. However, it is common for employees to pay a settlement amount in exchange for a worker foregoing some of their legal rights. This document is called a deed of release and settlement.

Yes. One of the options that may be open to employees that have been dismissed is to have their job reinstated. Sometimes this may not be the best option if there has been a breakdown in the employment relationship

Minimum employment period

A minimum employment period applies before a worker can make an unfair dismissal application. The minimum employment period is either six months or twelve months, depending on the circumstances. Our employment lawyers will confirm the minimum employment period that applies.

High income threshold

There are still avenues available for employees that have an income that is more than the high income threshold. In some cases, an unfair dismissal remedy may still be available to those employees.

Unfair dismissal for a casual employee

A casual employee may be entitled to an unfair dismissal remedy if they are employed on a regular and systematic basis and have an expectation of ongoing employment. Contact our employment law team for advice on whether a casual employee meets the eligibility criteria.

Remember, not all workers that are classified as casual employees are legally considered to be casual.

Small business employers

A small business employer can still be served with an application for unfair dismissal. The Unfair Dismissal Small Business Code provides guidance for small business employers regarding unfair dismissal. If you are a small business or you are employed by a small business, contact our employment lawyers today.

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