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Unfair Dismissal Lawyer

Have you been unfairly dismissed? Then speak to us first!

If you are an employee that has been dismissed or an employer that needs to dismiss an employee, our employment legal team are here to help.

Our employment lawyers understand the unfair dismissal claim process. We act for both employees and employers to apply for and defend unfair dismissal claims.

Unfair dismissal is a legal protection given to certain employees in cases where the dismissal of employment is harsh, unjust or unreasonable. We help Australians understand their rights and obligations and potential avenues to resolve employment disputes.

Contact us for a free consultation

How we help

Let’s face it, employment disputes can be stressful, even for employers. Staff who are tasked with managing unfair dismissal matters often have to spend a lot of time managing the issue and preparing a response.

For employees, there is the pressure of the 21-day time limit that applies to making an application for unfair dismissal. And, in our experience, some employees can find it challenging to read an employer’s response to the application. It’s also difficult to have to mediate with their former employer.

When we are managing unfair dismissal matters, we look at ways we can reduce stress. This might be as simple as letting our clients know what to expect. And that we are the buffer between our client and the other party. Contact us today to see how we can help you.

Unfair Dismissal Legal Services

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Unfair Dismissal Advice

Our team of skilled workplace lawyers have experience representing clients in unfair dismissal cases.

We understand the complexities of employment law and can help you understand your options and legal rights. Whether you are an employee or an employer, we’re here to help.

Whether you have been unfairly dismissed, are facing a potential dismissal or simply want to better understand your rights as an employee, our unfair dismissal legal services can help.

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Fair Work Representation for Employees

Unfair dismissal claims are available to many Australian employees. Our lawyers review the employment contract, the Fair Work Act and any relevant Modern Award or Enterprise Agreement.

Our team of unfair dismissal lawyers will then assess whether there is a valid reason for the dismissal and provide guidance on the best way forward.

Our workplace lawyers can negotiate compensation for employees .

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Employer Advocacy for Unfair Dismissal Claims

We are committed to providing our clients with a personalised service that meets their needs.

We develop a solid understanding of our client’s specific circumstances so that we can strive for the best possible outcome.

We advise employers on the steps to take to minimise any claim that an employee has been unfairly dismissed. This may involve reviewing evidence, including CCTV footage, witness statements and any written warnings.

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Settling Unfair Dismissal Disputes

Even if there is no valid unfair dismissal claim, an employee may have a claim for adverse action or breach of contract. Our workplace lawyers can negotiate compensation for employees and defend unfair dismissal claims for employers.

Many employment disputes are resolved through a deed of release and settlement. Our team of employment lawyers can draft, review and negotiate deeds of release and ex gratia payments.

Claims process for wrongful dismissal claims

How to make an unfair dismissal claim

If an employee wants to make an unfair dismissal claim, the application must be made within 21 days from the date of termination of the employment. An application may be refused by the Fair Work Commission if this time limit is not met.

An application must contain information supporting the reason why the dismissal is claimed to be harsh, unjust or unreasonable. A fee may also need to be paid at the time of lodging the application.

How to defend an unfair dismissal claim

Employers must file an employer’s response to an application for unfair dismissal within the time required by the Fair Work Commission. A claim for unfair dismissal can be defended by showing the:

  • dismissal was not harsh unjust or unreasonable
  • Small Business Fair Dismissal Code was complied with
  • dismissal was a genuine redundancy
  • employee engaged in unsatisfactory performance and a proper performance management process was followed
  • summary dismissal was appropriate
  • dismissal was not at the employer’s initiative

What our clients say

Holly Teague
Holly Teague
2023-09-11
Big Thank you to Krystal and Prosper Law for expediting my employment contract and getting it back to me within 48 hours. Would definitely recommend if you are looking for an employment lawyer.
Larissa Rogers
Larissa Rogers
2023-09-09
I came across Prosper Law while searching for an Employment Lawyer for a recent dispute. I had the pleasure of working with both Krystal and Farrah and I am extremely grateful for their attention to detail and guidance throughout my matter.
Yatin Kulkarni
Yatin Kulkarni
2023-08-29
Absolutely fantastic work by Carlyn Sicat and Farrah Motley by turning around the review of my Contract within 24 hours. Crystal clear recommendations and therefore didn't need any follow up. Highly recommended recommend them if you need an employment lawyer!
Connor Summers
Connor Summers
2023-08-09
Our business needed urgent legal advice for several employment law matters. Prosper Law’s employment contract lawyers were quick to respond, offered a fixed fee price for their legal services and were able to achieve a great result for our business. For any employers looking for a quality employment law firm, we highly recommend the team at Prosper Law.
Jane Gentle
Jane Gentle
2023-08-02
If you are looking to hire a legal counsel on retainer, I highly recommend the Prosper Law legal team. Having engaged with Prosper at work over the past 5 months, I have found them to be great in-house lawyers and who know their stuff when it comes to contract reviews, employment law advice and marketing and consumer law… and they’re reasonably priced
Liam Devonshire
Liam Devonshire
2023-07-25
I needed a business sale lawyer to help me sell my business on short notice. They drafted a business sale agreement for me. Courtney was quick to reply, explained the process to me and was great to deal with. If anyone is after a good M&A lawyer, definitely reach out to Prosper Law.
Bec
Bec
2023-07-12
I needed the advice of a contract lawyer based in Sydney quickly for a difficult client contract. Farrah responded to my query very quickly and efficiently and helped me resolve the liability issue with the client in a very short time. I highly recommend her efficient and thorough service.
Chris Pearson
Chris Pearson
2023-07-04
I contacted Prosper Law because I needed a contract lawyer in Brisbane for an issue with a building contract. Farrah and Micaela are experienced contract lawyers and were polite, professional, and provided my advice quickly. They provided me with a fixed fee quote with no hidden costs for the legal work and spoke to the QBCC on my behalf. Thank you to the Prosper Law team for giving me detailed advice that was good value and very helpful!!! Highly recommended and will be using them in the future for all my legal needs.
CR T
CR T
2023-05-25
Highly recommended. They offered me reliable and useful legal advice free of charge. Thank you once again, Michael, for your service.
Vijesh cj
Vijesh cj
2023-05-22
I approached Farrah with a query regarding my employment contract. She was patient in her dealings and took the time to read the contract fully and understand my side of the story before giving her legal advice. I am happy with my overall experience of working with Farrah.

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Unfair Dismissal Law FAQs

Does Prosper Law offer a free legal consultation?

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.

When is dismissal harsh unjust or unreasonable?

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
How much monetary compensation do employees receive?

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

What exceptional circumstances are taken into account if the 21 day time limit is not met?

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.

How much does Prosper Law charge for unfair dismissal claims?

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.

What should I do if I'm not sure whether I have been unfairly dismissed?

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.

Can I get an employee to agree not to bring an unfair dismissal claim against their employer?

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.

Can I get my job back if I have been dismissed?

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

What are the thresholds for unfair dismissal claims?

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.