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What is the Reasonable Person Test?
The reasonable person test is a benchmark of behaviour for determining whether something is reasonable or not. The idea of a reasonable person is a made-up concept used to help
Get the Compensation You Deserve
Unfair dismissal happens when employment is terminated in a way that is harsh, unjust or unreasonable. To make an unfair dismissal claim, an employee must have been continuously employed for a minimum period of time and (in some cases) earn less than the high-income threshold. Workers employed for a specific task or under a fixed term contract, or those that have been subject to a genuine redundancy may be unable to claim unlawful dismissal.
There are other dismissal related criteria and expert employment lawyers can guide you through employment law.
An unfair dismissal lawyer can help employees make a claim for unlawful dismissal and help employers defend a wrongful termination application. Strict time limits apply, and it is essential to seek expert legal advice to navigate the legal process.
Contact us for a free consultation
Prosper Law has helped businesses and workers across Australia. Our unfair dismissal lawyers have a deep knowledge of wrongful termination law and are experienced in reaching sensible legal outcomes. This area of law can be complex, and our team are trained and experienced in dealing with many different scenarios involving an unfair dismissal case.
We understand that it can be an emotional process when employment ends. We are empathetic, friendly and approachable lawyers that provide genuine support for our clients.
We have a high success rate that is measured by client satisfaction, negotiating compensation for employees and defending employers at minimum cost. Our lawyers provide honest assessments of unfair dismissal matters so that our clients have a reasonable expectation of the likely outcome of a case.
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.
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 .
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.
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.
Our experienced lawyers will organise an initial consultation. We will ask questions about the employer's business, the employment contract and when the unlawful dismissal happened. The consultation will help our unfair dismissal lawyers determine if an employee has been dismissed unfairly.
Once we have some basic information, we will consider whether the employee is eligible to make a claim and whether dismissal was harsh unjust or unreasonable. We will also assess whether the Small Business Fair Dismissal Code applies or if the employee is a Government employee.
An unfair dismissal claim must be filed within 21 days from when the wrongful termination occurred. Your employment lawyer will ensure this timeframe is met and file the appropriate documents with supporting evidence. We will manage this process on your behalf.
An unfair dismissal claim will usually be resolved at the initial conference. This process often involves a mediator. Both the employee and the employer will have a chance to put forward their legal arguments and negotiate financial compensation or other outcomes.
If the unfair dismissal claim is not resolved at the conference, there are further steps that can be taken.
Our team of lawyers come from different industry backgrounds, and all are experienced when it comes to unfair dismissal claims.
Meet our team of professional employment lawyers – you’ll be glad you did.
Holly Teague2023-09-11Big 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 Rogers2023-09-09I 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 Kulkarni2023-08-29Absolutely 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 Summers2023-08-09Our 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 Gentle2023-08-02If 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 Devonshire2023-07-25I 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.
Bec2023-07-12I 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 Pearson2023-07-04I 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 T2023-05-25Highly recommended. They offered me reliable and useful legal advice free of charge. Thank you once again, Michael, for your service.
Vijesh cj2023-05-22I 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.
Book an initial consultation
Speak to an unfair dismissal lawyer by phoning us on 1300 003 077, emailing us at enquiry@prosperlaw.com.au or complete our contact form. We will immediately schedule a consultation with you and ask questions about the unfair dismissal claim.
Contact us for a free consultation
The reasonable person test is a benchmark of behaviour for determining whether something is reasonable or not. The idea of a reasonable person is a made-up concept used to help
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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:
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
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.
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.
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.
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.