Getting the Right Unfair Dismissal Advice Early Could Make All the Difference
- Brian AJ Newman, LLB
- 2 minutes ago
- 3 min read
Losing your job can be one of the most stressful experiences of your life. In the hours and days that follow, it's completely natural to feel angry, shocked, disappointed or even overwhelmed. Unfortunately, this is also the time when many employees unknowingly make mistakes that can seriously weaken an otherwise strong unfair dismissal claim.
One of the most valuable pieces of advice I can give anyone who has just been dismissed is simple: get the right advice as early as possible.
That doesn't necessarily mean rushing off to court or immediately commencing legal proceedings. It means understanding your rights, preserving your evidence, and making informed decisions before valuable opportunities are lost.
The Clock Starts Immediately
Many Australian workers are surprised to learn that an application for Unfair Dismissal under the Fair Work Act 2009 generally must be lodged within 21 days after the dismissal takes effect. That deadline is strictly enforced by the Fair Work Commission, with extensions granted only in exceptional circumstances.
Those 21 days disappear quickly.
During that time you may be looking for another job, dealing with financial pressures, supporting your family and trying to process what has happened. Before you know it, the deadline has arrived.
Seeking advice early allows you to understand your options before time becomes your enemy.
Every Dismissal Is Different
One of the biggest misconceptions is that every dismissal should result in an unfair dismissal application.
That simply isn't true.
Some matters may be better pursued as:
General Protections (Adverse Action)
Workplace discrimination
Sexual harassment
Workplace bullying
Breach of contract
Human rights complaints
Choosing the wrong pathway can affect the remedies available and the overall outcome of your matter.
An early assessment helps identify the most appropriate course of action based on your individual circumstances.
Preserve Your Evidence
Evidence is often lost in the days following dismissal
Important emails disappear when company accounts are closed.
Text messages are accidentally deleted.
Documents become difficult to access.
Potential witnesses move on to other employment.
If you believe your dismissal may be unfair, preserve everything you legally can, including:
Employment contracts
Letters of appointment
Performance reviews
Rosters
Payslips
Emails
Text messages
Diary notes
Meeting invitations
Medical certificates
Policies and procedures
A well-prepared case is usually built upon good evidence, not simply strong emotions.
Don't Let Emotion Control Your Response
Being dismissed hurts.
It is understandable to feel betrayed, embarrassed or angry.
However, responding emotionally can often create unnecessary problems.
Before you:
Publish posts on social media
Send angry emails
Abuse your manager
Delete workplace records
Sign settlement documents
Take a step back and understand the possible consequences.
Professionalism today may significantly strengthen your credibility tomorrow.
Preparation Creates Confidence
Many workers assume the Fair Work Commission process is designed only for lawyers.
It isn't.
The Commission is intended to be accessible to ordinary Australians, but that doesn't mean preparation isn't important.
Understanding:
the legal tests,
the evidence required,
the conciliation process,
and the strengths and weaknesses of your case,
can dramatically improve your confidence throughout the proceedings.
You Don't Have to Navigate It Alone
At MYUNION, we regularly assist Australian workers who suddenly find themselves facing dismissal, workplace investigations, disciplinary action and other employment disputes.
Our role is to help people understand their rights, avoid common mistakes and approach workplace disputes strategically rather than emotionally.
The earlier you seek advice, the more opportunities you generally have to protect your position.
Watch the Video
If you've recently lost your job—or simply want to understand why early advice matters—I encourage you to watch my latest video:
"Getting the Right Unfair Dismissal Advice Early Could Make All the Difference."
In this video, I explain the practical steps every worker should take immediately after dismissal, the mistakes to avoid, and why obtaining the right advice early can significantly improve your prospects of achieving a successful outcome.
🎥 Watch here: https://youtu.be/xk6tMHVC1mI
Need Help?
If you're experiencing a workplace issue, don't wait until valuable time has been lost.
MYUNION
📞 1300 MYUNION
Whether you're facing unfair dismissal, workplace bullying, discrimination, adverse action or another employment issue, obtaining informed advice early may be one of the most important decisions you make.