If you have been unfairly dismissed or sacked by your employer, or you were forced to resign because of something your employer did, you may be able to make an application to the Fair Work Commission for reinstatement  and/or compensation equivalent of up to 26 weeks’ of your income prior to your dismissal. This is called an unfair dismissal claim.

* If eligible to make an Unfair Dismissal claim, you have 21 days from the date your dismissal took effect to file an Application.

What is a Dismissal?

Dismissal means that your employment was been terminated at the employer’s initiative, as distinct from at your initiative. You may also be deemed to have been dismissed if you have resigned but were forced to do so by your employer, this known as constructive dismissal.

Employees who are employed for a fixed-term and whose employment ends at the end of that fixed term are deemed not to have been dismissed for the purposes of unfair dismissal. However, if a fixed-term contract is ended early the employee has been dismissed.

Otherwise, an employee is not considered to be dismissed if they were on a training arrangement that has come to an end.

What is an Unfair Dismissal?

Your dismissal may be considered unfair if:

• You were dismissed; and
• Your dismissal was harsh, unjust, or unreasonable; and
• Your dismissal was not a case of genuine redundancy; and
• You were dismissed without a valid reason; and
• If you were employed by a small business, your dismissal was not consistent with the Small Business Fair Dismissal Code.

Minimum Employment Period

To be eligible to make an unfair dismissal application, you need to have been employed on a full-time or part-time basis for at least 6 months. Employees working for a small business (less than 15 employees) must be employed for a period of at least 12 months before they can apply.

If there was a change of business ownership, service with the first employer may count as service with the second employer when calculating the minimum employment period.

A casual employee may only be eligible to make an unfair dismissal application at the Fair Work Commission if he or she works on a regular and systematic basis.

Fee Options

We acknowledge that losing your employment can be one of the most stressful times in life and for that reason, our team will work with you to establish a fee option that suits your situation. This may include No Win, No Fee or Fixed Fee arrangements.

If you have been dismissed, we can review your situation and determine if you have a valid claim before a claim is commenced, please contact Pace & Associates Lawyers to schedule an obligation free consultation as soon as possible.