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Unfair dismissal

If you believe you have been unfairly dismissed from your job, you can lodge an 'unfair dismissal application' to get reinstated to your former position. If reinstatement is not appropriate in the circumstances, you can seek compensation from your former employer.

 

What is unfair dismissal?

An unfair dismissal in the workplace can occur in a number of ways.

Under the Fair Work Act 2009 (Cth), an unfair dismissal is when an employee has been dismissed from their job in a harsh, unjust or unreasonable way. 

If you were employed by a small business with less than 15 employees, an unfair dismissal can also occur if your employer did not comply with the Small Business Fair Dismissal Code when undertaking the dismissal.

A person has also been dismissed unfairly if their position was made redundant, but it was not a genuine redundancy

 

Understanding the fair work process

The unfair dismissal process can be daunting for employees. At Rochforts, we provide fair work help for employees to assist and guide them along every step of the way. 

Step 1: Unfair dismissal application

First, we will discuss your case with you in order to assess whether you are eligible to make an unfair dismissal claim and whether your unfair dismissal claim has good prospects of success.

If you meet all the eligibility criteria and if we believe you have a good case, we can complete an unfair dismissal application form on your behalf and lodge it with the Fair Work Commission. 

After your application is lodged, the Fair Work Commission will send your completed unfair dismissal claim form to your employer, who will then be given seven days to provide their response.

Step 2: Fair work conciliation

The second step is conciliation. A conciliation is an informal process, which is conducted over the telephone by a Conciliator from the Fair Work Commission. The purpose of an unfair dismissal conciliation is to give you and your former employer the opportunity to resolve the matter, without the need to proceed to a formal hearing.

Normally, the Fair Work Commission will list your unfair dismissal matter for conciliation within four weeks. 

We can speak on your behalf during the conciliation teleconference. At Rochforts, our experienced advocates have a history of successfully representing employees in conciliations and a majority of our unfair dismissal matters settle at the conciliation stage. 

Settlements reached during conciliation often include:

Step 3: Fair work hearing

In the event that your unfair dismissal matter does not settle at conciliation, we can, with permission from the Fair Work Commission, represent you during the hearing.

From start to finish, we will be there to provide you with help with your unfair dismissal claim.

 

Who can claim unfair dismissal?

There are eligibility criteria that you must meet in order to bring an unfair dismissal claim. It is important to understand the eligibility criteria because if you fail to meet any of the requirements, you will be unable to make an unfair dismissal claim.

For a free evaluation of your case, contact us now on (02) 9810 4191.

Alternatively, click here to send us a message and we will get in contact with you as soon as possible.