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 our expert employment lawyers can guide you through employment law.
Our Brisbane unfair dismissal lawyers 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
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.
Get in touch with Prosper Law’s construction lawyers
to talk through your next contract, claim, or dispute.
Our lawyers have worked in building and construction throughout their careers, across Australia, New Zealand, the Middle East, and the UK. We understand the industry, speak your language, and take a commercial approach to legal advice.
Our fixed fee model means you get first-class legal support at a transparent price. No surprises.
Yes. We offer a free 15 minute initial 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.
Get in touch with Prosper Law’s construction lawyers to talk
through your next contract, claim, or dispute.
