Have you been dismissed recently and feel it is unfair?
In order to make a claim for unfair dismissal, an employee (not an independent contractor) must have been dismissed, not resigned and must meet the minimum employment period.
Strict time limits apply and a claim must be lodged to the Fair Work Commission within 21 days from the date the dismissal takes effect. Extensions can be granted in limited circumstances.
For a small business employer with fewer than 15 employees, an employee must have worked for a continuous period of 12 months. For an employer with 15 or more employees, the minimum employment period is 6 months.
Once a claim has been lodged, the employer must lodge a response and serve this on the Applicant and a conciliation conference is set down with an independent conciliator from the Fair Work Commission. Both parties are required to attend and the conciliation can be held over the telephone.
This conciliation gives the parties the opportunity to discuss the issues in dispute and hopefully resolve the matter. If the matter is not resolved, the Applicant can have the matter set down for a formal hearing at the Fair Work Commission.
The remedies for unfair dismissal include reinstatement and/or compensation for lost wages. Importantly, the maximum amount of compensation that can be awarded is 6 months wages.
This is a tricky area so we would recommend being represented by a lawyer. Your employer will likely be represented by a lawyer or their Human Resources department with experience in the area.
Our Process
Initial Consultation
We will meet with you to get the story from you and discuss whether you have a claim. We will then explain the options, how an unfair dismissal claim works, what outcomes are available and our fees.
Preparation of the claim
We will prepare the claim form for you to check, setting out why it is an unfair dismissal and then lodge the claim on the Fair Work Commission. This step is critical as it forms the basis of the claim and must be lodged within 21 days from the date the dismissal takes effect.
Consideration of the employer’s response
Once we have a conciliation date and the employer’s response, we will meet with you to discuss the response and to form a game plan for the conciliation, including what we would like address from the response at the conciliation. We will work the outcome you would like to achieve and our starting position.
The conciliation and settling your matter
We will meet with you again on the day of the conciliation and attend this with you. We will do all the talking to save you the stress of having to do this yourself. These conciliations can take up to 2-3 hours so allow plenty of time.
We will advise you on any offers made by your employer and the next step (a hearing at the Fair Work Commission) if you are not happy with any of the offers.
Hopefully your matter settles for an outcome you are happy with. If so, we will advise you any terms of settlement and finalise your matter.
Why Choose Us
We have extensive experience in the area and have conducted numerous successful claims for clients. We realise this is a stressful time and offer a personalised service. Being local, we are only a visit phone call away and you will always be able to speak to your lawyer, not a call centre.
We offer a fixed fee for these claims so you will always know how much it is going to cost.
Our People
FAQs
What is unfair dismissal?
An unfair dismissal is where you have been dismissed and there is no valid reason for the dismissal. For example, you may have been dismissed because you took personal leave or because you lodged a Workcover claim. This would usually be an unfair dismissal.
An dismissal can also be unfair if your employer has not afforded you procedural fairness, even if they have a valid reason for the dismissal. For example, they may not have given you the opportunity to respond to any allegations being made against you or they may not have offered you a support person at meetings relating to the dismissal.
What evidence do I need to prove unfair dismissal?
Written evidence is the best form of evidence. For example, emails, letters, records of meetings or text messages. Statements from witnesses are also very useful.
Can an unfair dismissal claim be made when on probation?
Yes but you must have met the length of service requirements- 12 months for employers with 14 or fewer employees and 6 months for employers with 15 or more employees.
Can I claim unfair dismissal if I was forced to resign?
You can but you must show that you had no other choice but to resign. For example, you were being physically or verbally abused by your employer. This is a tricky area and you should seek advice from one of our lawyers. We have had success with these claims in the past.