Navigating Unfair Dismissal: Understand Your Rights and Next Steps
- Brian AJ Newman LLB
- 3 days ago
- 3 min read
Losing your job can be a stressful experience, especially when it feels unfair. If you believe your dismissal was harsh, unjust, or unreasonable, you are not alone. Australian workers have protections under the Fair Work Act that may help you challenge an unfair dismissal. Understanding your rights and the steps you can take is essential to protect your future and seek justice.
What Counts as Unfair Dismissal?
Unfair dismissal happens when an employer terminates your employment in a way that is harsh, unjust, or unreasonable. The Fair Work Act outlines several key factors that can make a dismissal unfair:
No valid reason for dismissal: If your employer cannot provide a legitimate reason related to your conduct or performance, the dismissal may be unfair.
Lack of procedural fairness: Employers must follow a fair process before dismissing you. This includes informing you of the issues and giving you a chance to respond.
No opportunity to respond: If you were not given the chance to explain or defend yourself against allegations, the dismissal may be invalid.
Unreasonable decision: If the dismissal decision does not make sense based on the facts or circumstances, it could be challenged.
For example, if an employee is dismissed suddenly without warning or explanation, or if the employer ignores company policies for handling performance issues, these situations may qualify as unfair dismissal.
Who Can Make an Unfair Dismissal Claim?
Not every worker can lodge an unfair dismissal claim. To be eligible, you generally must:
Have been employed for at least 6 months (or 12 months if your employer is a small business with fewer than 15 employees).
Be covered by the national workplace system under the Fair Work Act.
Have been dismissed from a full-time, part-time, or fixed-term contract position.
Casual employees usually do not qualify unless they have a regular pattern and expectation of ongoing work.
Time Limits Matter: Act Quickly
You must lodge your unfair dismissal application with the Fair Work Commission within 21 calendar days of your dismissal taking effect. Missing this deadline usually means losing the right to make a claim.
If you are unsure about your situation, seek advice immediately. Early action can preserve your rights and improve your chances of a successful outcome.
How to Lodge an Unfair Dismissal Application
Here are the steps to take if you believe you have been unfairly dismissed:
Gather evidence
Collect all relevant documents such as your employment contract, performance reviews, emails, and any correspondence related to your dismissal.
Seek advice
Talk to experts in employment law or human rights advocacy who specialize in unfair dismissal cases. They can help you understand your rights and the strength of your claim.
Prepare your application
You will need to complete the application form for the Fair Work Commission, explaining why you believe the dismissal was unfair.
Submit on time
Ensure your application is lodged within the 21-day deadline.
Attend conciliation
The Fair Work Commission usually arranges a conciliation session where you and your employer can try to resolve the dispute without a formal hearing.
Proceed to hearing if needed
If conciliation fails, the Commission will hold a hearing to decide the outcome.
What Outcomes Can You Expect?
If your unfair dismissal claim is successful, the Fair Work Commission may:
Order reinstatement to your job, or
Award compensation for lost wages.
The Commission considers many factors, including the circumstances of dismissal, your employment history, and the impact on both parties.
Examples of Unfair Dismissal Cases
Case 1: Dismissal without warning
An employee was dismissed immediately after a minor mistake without any prior discussion or warning. The Commission found the dismissal harsh and ordered reinstatement.
Case 2: No chance to respond
A worker was accused of misconduct but was not given an opportunity to explain. The dismissal was ruled unfair due to lack of procedural fairness.
Case 3: Small business exception
A worker employed by a small business was dismissed after 8 months. Because the business had fewer than 15 employees, the worker was not eligible to claim unfair dismissal.
Protect Your Rights with Expert Support
Navigating unfair dismissal claims can be complex. Expert advocates understand the law and can guide you through the process. They help you gather evidence, prepare your case, and represent your interests before the Fair Work Commission.
If you feel your dismissal was unfair, do not delay. Contact specialists who work exclusively with workers on unfair dismissal matters across Australia. GETHELP@MYUNION.AU | 1300MYUNION | MYUNION.AU
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