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I think I was dismissed because I am a union member. Is this unfair?
Employers can't dismiss an employee simply because they are a union member, join a union or engage in lawful union activity.
Slater and Gordon’s Online Unfair Dismissal Lawyers service will ask a series of questions about whether your dismissal may have been on discriminatory grounds. Your telephone consultation with a Slater and Gordon legal professional as part of the service will explore these issues as well.
It’s important to remember that there may also be other legal avenues which are better suited to your circumstances. There are federal and state anti-discrimination laws which may give you a better chance at winning your case, or getting properly compensated. There are also ‘general protections’ provisions in the Fair Work Act which would allow you to make a claim. You can discuss these with a Slater and Gordon legal professional as part of the Online Unfair Dismissal Lawyers service.
Please note that you may be entitled to a free consultation with Slater and Gordon if you are a member of a union. Slater and Gordon provide a free consultation to members of many unions in Australia. In order to find out whether you're eligible, you should contact your union immediately. If they have an arrangement with Slater and Gordon, they'll arrange for a referral so that you can get a free consultation on your unfair dismissal claim.
Remember, there is a time limit on when applications for unfair dismissal can be lodged with the Fair Work Commission, so if you want to contact your union to see if you're entitled to a free consultation with Slater and Gordon, it's important that you do this immediately.
I wanted to have my union representative with me in the meeting when I was dismissed, and I wasn't allowed. Does this make my dismissal unfair?
As a general rule, employers are required to allow you to have a "support person" with you when a dismissal is being discussed. This can include a union representative, or someone to help you understand the language being used.