If an employee has been unfairly dismissed, Andersons can assist
in making an unfair dismissal application to Fair Work Australia
(FWA). Some employees may be excluded from being able to lodge an
unfair dismissal claim so it is important that you seek expert
advice in relation to your specific circumstances and the grounds
upon which you were dismissed from your employment.
At Andersons, our solicitors are experts on unfair dismissal
applications both under Federal and State legislation. It is
important to know that there are differences in the law depending
on whether you are covered by the federalFair Work Act 2009or by
the stateFair Work Act 1994 (SA).Our employment and industrial law
solicitors will be able to advise you accurately in relation to
Time Limits Apply
It is very important to be aware of the time limits that apply
to the lodging of an Unfair Dismissal application.
- Under Federal law, you only have 14 days from the date of
- Under State law, you only have 21 days from the date of
Your Unfair Dismissal application must be filed within
these time frames.
How do I know if my dismissal was
A termination of employment may be considered legally unfair if
Fair Work Australia determines it was harsh, unjust or
unreasonable. There are many factors to take into consideration
when making this determination. Some of these may include:
- whether there was a valid reason relating to capacity or
- whether you were notified of the reason;
- whether you were given the opportunity to respond;
- any unreasonable refusal by your employer to allow you to have
a support person present;
- whether a warning was given about unsatisfactory performance
before the dismissal;
- whether the dismissal was a genuine redundancy;
- any other matters that Fair Work Australia considers
What might I be entitled to if I have a successful
Unfair Dismissal claim?
If Fair Work Australia finds that the dismissal was harsh,
unjust or unreasonable, the Tribunal may order that:
- you be reinstated; or
- that you be awarded compensation.
I think I have an Unfair Dismissal claim; what
should I do?
If you believe you have been unfairly dismissed, contact
Andersons Solicitors on 8238 6666 and our team of employment and
industrial law specialists can advise you about legal avenues
including challenging the dismissal.