Unfair Dismissal
Have you been unfairly dismissed at work?
If you have been unfairly dismissed from your job, Andersons can assist you to make an unfair dismissal application to Fair Work Australia (FWA). Not all employees are entitled to lodge an unfair dismissal claim though so it’s important that you seek expert advice for your specific circumstances, including the reason that you were dismissed from your employment.
At Andersons, our employment lawyers are experts in unfair dismissal applications both under Federal and State legislation. It’s 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 South Australia’s Fair Work Act 1994 (SA).
Unfair dismissal time limits
There are strict time limits that apply to lodge of an Unfair Dismissal application and your application must be filed within these time frames. Under both federal and state law, you only have 21 days from the date of termination to lodge your application.
How do I know if my dismissal is 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.
If Fair Work Australia finds that your dismissal was harsh, unjust or unreasonable, the Tribunal may order that you be reinstated or that you be awarded compensation.
For Employers
Andersons’ Employment Law team act for both employer and employee in Employment Law matters. It is unique in this area of law for a firm to represent both sides of the fence. We believe this is a major point of difference in that it affords our team an edge in understanding and mastering how to negotiate for both sides. Should you be an employer looking for advice on dealing with a potential or accusation of an unfair dismissal case, Andersons is here to guide you through the process.
How Can Andersons Help?
We offer a no obligation, free first interview of between 20 and 30 minutes to provide you with preliminary and procedural advice. This interview is intended to assist us to gain a general overview of your circumstances, to enable us to advise you if we consider that you have a case worth pursuing, and outline the general process, procedure and likely costs. Please note that the free first interview is not intended to provide you with substantive advice, except in a preliminary sense / context.
If you have been unfairly dismissed, Andersons can assist you to make an unfair dismissal application to Fair Work Australia (FWA).