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 federal Fair Work Act 2009 or by the stateFair Work Act 1994 (SA).Our employment and industrial law solicitors will be able to advise you accurately in relation to this.
Unfair Dismissal Time Limits
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 21 days from the date of termination.
- Under State law, you only have 21 days from the date of termination.
Your Unfair Dismissal application must be filed within these time frames.
How do I know if my dismissal was unfair?
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 conduct;
- 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 relevant.
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.
For enquiries, please fill in the following contact form