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Unfair Dismissals

If you think you have been unfairly dismissed you can make a claim for unfair dismissal as long as you have served a minimum employment period of 6 months. This minimum period is extended to 12 months for small businesses.

So what makes a dismissal ‘unfair’?

Pursuant to section 385 Fair Work Act 2009 (Cth), the Fair Work Commission outlines the law surrounding dismissals:
1. Should not be considered harsh, unjust or unreasonable
2. Should not make an employee redundant if it is not a genuine redundancy
3. Should follow the Small Business Fair Dismissal Code (if they are a small business)

Factors that are taken into account when considering harsh, unjust or unreasonable include:
– Whether there was a valid reason relating to the person’s capacity or conduct
– Whether you were notified of the reason
– Whether you were given an opportunity to respond to the reason
– Refusal by the employer to allow for a support person in facilitating discussions relating to dismissal
– If the dismissal relates to unsatisfactory performance – whether any warning was given before the dismissal about performance
– Any other matters the Fair Work Commission considers relevant

You have 21 days to make a claim of an unfair dismissal – reach out to our professional lawyers for a consultation today.


Disclaimer: This publication provides general information of an introductory nature and is not intended and should not be relied upon as a substitute for legal or other professional advice. While every care has been taken in the production of this publication, no legal responsibility or liability is accepted, warranted, or implied by the authors or our firm, and any liability is hereby expressly disclaimed.

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