Have you been
unfairly dismissed?

We excel in assessing the circumstances of your dismissal, commencing an unfair dismissal claim on your behalf, and getting you the outcome you deserve.

How can we help?

We appreciate that an unfair dismissal can be stressful as it impacts on your ability to meet expenses and maintain your regular lifestyle.

While we can’t alleviate your stress, we can:

How it works?

Check eligibility for unfair dismissal

Many workers are protected from unfair dismissal. Before you can make an unfair dismissal claim, it’s important to check whether you are  eligible to make an application.

Your eligibility depends on several things including whether you’re an eligible employee, whether you’ve been dismissed, how long you worked for, and whether you are making the claim within the 21 day timeframe.

Get in touch

Call us on (02) 8287 3118 or email us at [email protected]

We take time to understand your situation and goals to help with your unfair dismissal case. During our initial consultation, we’ll provide you with our recommendation and an estimate for our services.

We’ll also gather all the important information needed to verify whether you’re entitled to protection from unfair dismissal and prepare your unfair dismissal application.

Unfair Dismissal Application

We prepare a draft unfair dismissal application and send it to you for your approval.  Once approved, we lodge the application with the Fair Work Commission and keep you updated every step of the way.

As part of the unfair dismissal process, the employer will either respond and/or object to the application.

An employer may object to an application when they think the Commission does not have the power to deal with the case under the Fair Work Act.

For example, an employer may object to an application if the application is lodged more than 21 days after the dismissal took effect, or where the applicant was not an employee.

If the employer makes a jurisdictional objection to the application, before the matter can proceed, the Commission holds a jurisdictional hearing to determine whether to dismiss the application and close the case or continue the claim.

Conference or Hearing

After the employer responds and/or objects to the unfair dismissal application, the parties are invited to attend a conciliation conference.

During the conference, we explain to the employer and conciliator why your dismissal was unfair and explore whether the employer is willing to agree on a settlement.  If the parties can agree on a settlement, the claim is over and the Commission closes the application.

If the case is not resolved at conciliation, it goes to a Commission Member who will hear evidence at a formal hearing or conference and decide whether the dismissal was unfair.

Why lodge an unfair dismissal application?

Reinstatement

Reinstatement is the primary remedy in unfair dismissal cases. If you want your job back, we can seek orders for the employer to reinstate you to the position you held before the dismissal.

Compensation

Where reinstatement is not appropriate, we can seek compensation, up to the compensation cap, for financial loss you have suffered as a consequence of the unfair dismissal.

Statement of Service

To avoid having to rely on the employer as a verbal reference, we can seek orders for the employer to provide you with a comprehensive statement of service which sets out your job title, length of service, and responsibilities.

Internal Records

To enhance your prospects in future job applications, we can seek orders for the employer to update their internal records, marking your termination as a resignation.

Ready to make an unfair dismissal claim?

Navigate through a streamlined process when making an unfair dismissal claim and increase the chances of a favourable outcome with the help of our proficient legal team.

Client Testimonials

Ready to make an unfair dismissal claim?

Navigate through a streamlined process when making an unfair dismissal claim and increase the chances of a favourable outcome with the help of our proficient legal team.

Common Questions

Unfair dismissal occurs when an employee is dismissed from their job in a harsh, unjust or unreasonable manner.

The Fair Work Act 2009 (Cth) set out the factors that are considered in deciding when a dismissal is considered to be “harsh, unjust or unreasonable.”

Generally, an unfair dismissal application will be successful if you have been dismissed:

  • without being given a clear reason; or
  • without being given a fair chance to respond to the reasons for dismissal;
  • for poor performance, but you were not given clear warnings or opportunities to improve your performance.
Most employees will be able to make a claim for unfair dismissal. If you want to commence an unfair dismissal claim, you must satisfy the following criteria:

Minimum Employment Period

You must have been employed for more than the relevant period of time. The relevant period of time is 6 months, unless your employer is a small business employer (less than 15 employees), in which case the relevant period of time is 12 months.

High Income Threshold

Your annual income must be less than the ‘Unfair Dismissal High Income Threshold’ unless you are covered by an award or enterprise agreement. The high income threshold is set under the Fair Work Act 2009 (Cth) and increases each year on 1 July. As of 1 July 2021, the high income threshold is $158,500 per year. It is important to note that you are not entitled to make a claim for unfair dismissal if:
  • you are on probation at the time of  dismissal;
  • you are a casual employee or contractor;
  • the dismissal was a case of genuine redundancy;
  • the employer was a small business employer which complied with the Small Business Fair Dismissal Code.

The Fair Work Commission will consider the following in determining whether your dismissal was harsh, unjust or unreasonable:

  • whether there was a valid reason for the dismissal related to your capacity or conduct (including its effect on the safety and welfare of other employees);
  • whether you were notified of that reason and given an opportunity to respond;
  • any unreasonable refusal by the employer to allow you to have a support person present at any discussions relating to dismissal;
  • if the dismissal related to your unsatisfactory performance, whether you had been warned about that unsatisfactory performance before the dismissal; and
  • the degree to which the size of the employer’s business would be likely to impact on the procedures followed in dismissing you;
  • the degree to which the absence of dedicated human resource management expertise in the business would be likely to impact the procedures of the dismissal; and
  • any other matters that the Fair Work Commission considers relevant.

The remedy you can be awarded depends on the circumstances of your dismissal. 

If the Fair Work Commission is satisfied that you were unfairly dismissed, they will either order compensation or reinstatement. 

Given reinstatement is often inappropriate, there is a good chance that you will be compensated for your dismissal. Where you are entitled to compensation, the amount of compensation that can be ordered is capped at 6 months of pay. 

Note: The maximum compensation cap is generally awarded in the most serious of cases.

There is a strict 21-day time limit for bringing an unfair dismissal claim. If your claim is lodged more than 21 days after your dismissal, it will only be considered by the Fair Work Commission in exceptional circumstances.

Simply put, we take the time to get to know you and delve into the core of what you want to achieve.

  • We think long term, value your business and work with you to establish long-term partnerships.
  • We respond to your needs in a timely manner; we’re always accessible, responsive and reliable.
  • We ensure your investment in us helps you get things done and achieve the results you want.

 

We appreciate that you need access to lawyers that are invested in your objectives, can transform the complex into simple and craft unique solutions that achieve real results in a timely and cost effective manner.

Get in touch