Supporting All Hardworking Australians.
What is an Unfair Dismissal?
A dismissal is deemed unfair when an employee is dismissed from a job in an, unjust, unfair or unreasonable manner. The Fair Work Commission are the ones to decide on cases of unfair dismissal. Having dealt with tens of thousands of cases over the past 50 years we are able to submit applications to the fair work commission very quickly getting very fast results.
Employees have to apply to the Commission within 21 days of the dismissal taking effect. The 21 day period starts the day after the dismissal. If you think you have been unfairly dismissed you need to contact the Commission as soon as possible.
Employees must be employed for at least 6 months to apply for an unfair dismissal.
Employees working for small business need to have proof of work for a total of 12 months before they can apply for an unfair dismissal.
Small businesses operate with different rules in regards to a employee dismissal.
The ‘Small Business Fair Dismissal Code’ provides small business protection against certain unfair dismissal claims. If the employers dismisses an employee within the code they are not in breach of your protections. However, through our experience many may not act within the code. The employer must also supply evidence of the act of dismissal within the code.
A small business is defined as a business with less than 15 employees including both Australian and overseas employees.
“This includes regular and systematic casual employees employed by the business at the time of the dismissal.” – Fair Work Australia
The size of the business is determined the moment the employee has received a notice of no termination or is told their employment has been terminated.
If there has been a change of business ownership, employees who have been unfairly dismissed may count service with the first employer and second employer combined as a minimum employment period.
Employees can also appeal their dismissal if they have been dismissed in breach of general protections or unlawful termination. This also includes constructive dismissals which you can learn more about on our constructive dismissals page.
We can assist with all work related issues. We not only provide relative information on unfair dismissals in the workplace but understand every law in every state and operate 7 days a week Australia Wide. You can get in touch with us either by calling 1800 333 666 or by using the contact form provided.
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We are specialists in negotiating significant amounts of compensation for our clients. With over 30 years experience in unfair dismissals we have recovered multi millions for those who have been subject to victimisation. We represent in all cases from Human Rights to Fair Work and Industrial Relations.
We come with a proven track record in providing the best expert advice and unmatchable representation on a wide range of employment issues. We swiftly recover unpaid entitlements and employee benefits. We are the industry leader in fair work representation in Australia.
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