Dismissed From Your Job? Don't Panic – Here's What You Should Do First

Brian AJ Newman, LLB
2 hours ago
4 min read

By Brian NewmanEmployment & Human Rights Advocate

MYUNION Professional Advocates

Receiving the news that your employment has been terminated is one of the most stressful experiences a person can face. For many people, the immediate reaction is one of shock, anger, frustration or fear.

Thoughts quickly turn to mortgage repayments, rent, groceries and supporting a family.

While those emotions are completely understandable, the first few hours and days after a dismissal can significantly influence the strength of any future claim.

The single most important piece of advice I can offer is this:

Don't panic. Don't react emotionally. Start gathering information.

Your First Response Can Make All the Difference

One of the biggest mistakes employees make after being dismissed is immediately venting their frustration publicly.

In today's world that often means posting on Facebook, Instagram, TikTok, LinkedIn or other social media platforms.

Although it may feel justified at the time, those posts can later become evidence.

Employers regularly preserve screenshots of public comments and may rely upon them during proceedings before the Fair Work Commission or a State Industrial Commission. A post made in anger may be used to challenge your credibility or argue that your conduct was inappropriate.

Instead of broadcasting information...

Start collecting it.

Dismissed From Your Job? Don't Panic – Here's What You Should Do First

Information is far more valuable than emotion when you're trying to protect your workplace rights.

Start With the Termination

Every dismissal has a beginning.

Your first task is to determine exactly how your employment ended.

Ask yourself:

Were you given a termination letter?
Were you dismissed verbally?
Were you sent an email?
Were you handed a letter in a meeting?
Were you simply told not to come back?

If your employer has not provided written reasons for your dismissal, politely request them.

The reason given by an employer is often one of the most important pieces of evidence in any unfair dismissal or general protections matter.

Sometimes the stated reason changes later.

Having the original explanation preserved can become extremely important.

Build the Story From the Beginning

When MYUNION assesses a dismissal, we don't simply look at the last day of employment.

We examine the entire employment relationship.

Think of it as telling the complete story.

https://youtu.be/nSK3d_UUdLw

Chapter One — The Beginning

How did your employment commence?

Useful documents include:

Employment contract
Letter of offer
Position description
Emails confirming your commencement
Records showing your start date

Don't panic if you can't immediately locate these documents.

Many can often be obtained later.

Chapter Two — What Happened During Employment?

This is where we begin looking for evidence explaining how the relationship developed.

Documents may include:

Performance Improvement Plans (PIPs)
Show Cause Notices
Warning letters
Investigation reports
Meeting notes
Emails from managers
Performance reviews
Internal complaints
Workplace grievances
Medical certificates
Workers' compensation documents
Rosters
Timesheets

These documents help establish whether the employer acted fairly, consistently and reasonably throughout the employment relationship.

Sometimes they reveal a clear procedural pathway.

Other times they reveal significant procedural deficiencies.

Chapter Three — The Dismissal

Finally, we examine the decision itself.

Questions include:

Why did the employer say they dismissed you?
Were you given an opportunity to respond?
Was there an investigation?
Were you allowed a support person?
Were allegations properly explained?
Was procedural fairness provided?
Was the reason valid?

Each case turns on its own facts.

There is no automatic rule that says every dismissal is unfair—or fair.

The evidence matters.

Don't Forget Your Payslips

Many people don't realise how useful payslips can be.

Payslips help establish:

your length of service;
your classification;
your rate of pay;
continuity of employment; and
the existence of an employment relationship.

In most cases this isn't controversial.

However, there are situations where employers argue that a worker wasn't actually an employee.

Employee or Independent Contractor?

One issue we regularly encounter involves workers engaged under an ABN.

Sometimes an employer describes someone as an independent contractor.

However, the reality of the relationship may be very different.

The worker may:

work regular hours;
wear company uniforms;
use company equipment;
follow employer directions;
be integrated into the business; and
perform work much like any other employee.

Modern employment law looks beyond labels and examines the true substance of the relationship.

If you're unsure whether you were genuinely an independent contractor or may actually have been an employee, it's worth obtaining independent advice before assuming you have no rights.

Time Limits Matter

One of the biggest mistakes people make is waiting too long before seeking assistance.

Many Fair Work Commission applications—such as unfair dismissal claims—must generally be lodged within 21 days after the dismissal takes effect.

That deadline passes very quickly.

Even if you're uncertain whether you have a claim, obtaining an early assessment allows you to understand your options before time expires.

Every Case Is Different

Many people search online hoping to find another case that looks exactly like theirs.

Employment disputes rarely work that way.

Small factual differences can produce very different legal outcomes.

That's why professional assessment is so important.

An experienced advocate will usually want to understand:

how your employment began;
what occurred during your employment;
what happened immediately before dismissal; and
exactly how your employment came to an end.

Only after reviewing the available evidence can meaningful advice be given about the options that may be available.

The Bottom Line

If you've just been dismissed:

✔ Stay calm.

✔ Avoid emotional social media posts.

✔ Preserve every document.

✔ Write down everything you remember while events are fresh.

✔ Gather your employment records.

✔ Seek independent advice as early as possible.

The stronger the evidence collected at the beginning, the better positioned you are to make informed decisions about what comes next.

Need an Independent Assessment?

MYUNION Professional Advocates assist workers across Australia with employment and workplace disputes, including unfair dismissal, adverse action, workplace bullying, discrimination and human rights matters.

If you've recently lost your job and aren't sure where you stand, contact us for an initial assessment.