Fair Work Commission Applications must be made within 21 days of a termination taking effect. If you miss this deadline, you are likely to become ineligible for compensation. If you are considering making a claim, we recommend you seek unfair dismissal advice from a lawyer as soon as possible.
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What is unfair dismissal?
If you have been terminated from your employment, you may be eligible to make a claim for compensation or reinstatement through an Unfair Dismissal Application.
The Fair Work Act 2009 (Cth) and state based legislation set out criteria for who can make an unfair dismissal claim, and the factors that are considered in deciding when a dismissal is considered to be “harsh, unjust or unreasonable.” Situations where a claim might be successful include:
- If you have been dismissed from your employment based on allegations about your conduct which were false or incorrect.
- If you have been dismissed for poor performance, but were not given clear warnings or opportunities to improve your performance.
- If you were dismissed due to an injury or illness which you were still recovering from.
- If you have been forced to resign by the conduct of your employer.
- If your employment was terminated for redundancy but your position has been given to another person.
- If you have been dismissed without being given clear a clear reason, or without being given a fair chance to respond to the reasons for dismissal.
Can I claim for unfair dismissal?
Most employees will be able to make a claim for unfair dismissal. However, you may not be eligible to make a claim if:
- You were employed by an employer for less than six months.
- You were on probation at the time of dismissal;
- You were a casual employee or seasonal employee;
- You were employed by a State Government in certain Australian states.
- You were a contractor or labour hire employee.
- Your employment was not covered by an award or enterprise agreement, and you earn more than the “Unfair Dismissal High Income Threshold”. The current High Income Threshold is published on the Fair Work
Commission’s website, and the website of relevant state tribunals.
- The termination of employment was a case of genuine redundancy and your employer complied with any consultation requirements.
- Your employer was a small business which complied with the Small Business Fair Dismissal Code.
For assistance in finding out whether you have a claim,simply get in touch online.
Even if you are not eligible to make an unfair dismissal claim for one of the above reasons, you may have an alternative legal claim.