Unfair Dismissal Lawyer

If you have been unfairly dismissed from your job, you may be able to claim for unfair dismissal. An unfair dismissal lawyer can help you with your claim and represent you in court if necessary.

There are a number of reasons why someone may be unfairly dismissed from their job. Some of the most common reasons include: 

  • Discrimination: This could be based on race, gender, age, disability or another protected characteristic.
  • Unreasonable behaviour: This could include things like harassment, bullying or victimisation.
  • Health and safety concerns: If you have raised concerns about health and safety in your workplace and have been dismissed as a result, this may be unfair dismissal.
  • Improper procedure: If your employer has not followed the correct procedure when dismissing you, this may be unfair dismissal.
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If you think you have been unfairly dismissed from your job, you should speak to an unfair dismissal lawyer as soon as possible. Our workplace lawyers at Workplace Wizards will be able to assess your case and advise you on whether you have a claim for unfair dismissal. If you do have a claim, we can help you to resolve the matter through negotiation or by taking legal action. 

Alternatively, Workplace Wizards can help you if you are a company owner or manager, providing guidance on unlawful termination law and ensuring that you are in compliance with your legal responsibilities. We can also assist you if you need to defend a claim of unfair dismissal, and can provide you with comprehensive legal support throughout the process.

Unfair Dismissal Claims For Employees

If you have been unfairly dismissed, you may be entitled to compensation. This can include reinstatement (being put back in your job), compensation for lost earnings, and compensation for any distress or anxiety caused by the dismissal. 

An unfair dismissal claim can be a complex legal matter, so it is important to get advice from an experienced lawyer. Our unfair dismissal lawyers at Workplace Wizards will be able to guide you through the process and ensure that you get the best possible outcome.

If you think you have been unfairly dismissed, contact an unfair dismissal lawyer from Workplace Wizards today. We can help you to understand your rights and options, and fight for the compensation you deserve.

Unfair Dismissal Claims Against Businesses

You may benefit from our experience and expertise if you are being subjected to an unfair dismissal or “adverse action” lawsuit as a consequence of a termination you carried out. You may rest confident that our dedicated lawyers have the knowledge and understanding to obtain the finest possible result for you and your company. 

A variety of just causes for termination may be considered fair, including: redundancy; genuine underperformance; or misconduct. If you can show that the dismissal was for a genuine reason, you’ve got yourself a defence against an unlawful termination claim and prove the firing was due to a reasonable cause.

Workplace Consultants and Lawyers For Businesses

Our workplace lawyers can assist your organisation in the following ways through unfair dismissal and adverse action claims:
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  • Advising on the employee’s unfair dismissal claim
  • Representing your business and defending against the unfair dismissal claim in the Fair Work Commission
  • Advising on the settlement of unfair dismissal claims
  • Drafting letters of termination
  • Advising on redeployment and retrenchment
  • Providing training to managers and employees on managing performance and conduct issues
We can also audit your company’s unlawful dismissal and adverse action procedures to ensure that they are up-to-date and in compliance with current legislation. Our team offers comprehensive support for your company and are able to give counsel on how to handle a staff member who is at risk of making an unfair dismissal or adverse action claim.

Who We Are — Workplace Law Services With Our Employment Lawyers

Workplace Wizards is a Melbourne-based workplace relations and HR consultancy servicing clients throughout Australia. We offer professional workplace and industrial relations assistance as well as continuous support to companies and individuals, on-demand and tailored to their specific requirements. We understand the difficulties that workplace relationships and HR may cause. 

We understand how time-consuming and costly workplace problems can be, not to mention the emotional drain involved in dealing with employment law. That’s where Workplace Wizards come in handy.

Between our team’s over 70 years of workplace and industrial relations expertise, we’re confident that you’ll find exactly what you need here. Our Wizards are fully qualified and practising attorneys who have all the knowledge, skills, and know-how to ensure your company runs smoothly.

Our prices are also reasonable, with fixed or flat fees and no hidden expenses. We’re here to help you every step of the way in developing good procedures or appearing on your behalf in employment and discrimination tribunals if a lawsuit should arise. We work to improve your understanding of all issues during our meetings so that you can effectively manage your staff on an independent basis.

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What We Do — How Unfair Dismissal Lawyers Can Help You

Our specialist employment lawyers at Workplace Wizards are experienced in all aspects of employment law. We can provide you with advice and assistance on a range of issues, including unfair dismissal, redundancy, discrimination, and more. 

We understand that dealing with these matters can be stressful and emotional, so we will always deal with your case sensitively and sympathetically. We will also fight hard to get you the best possible outcome.

If you have been dismissed unfairly from your job, our unfair dismissal lawyers can help you to understand your rights and options. We can also help you to lodge a claim for unfair dismissal, and give you your best chance at a successful unfair dismissal claim. With our experience, you can trust us to handle unfair dismissal claims no matter which industry you’re from.

Likewise, if you are the business owner and an unjust termination claim is filed against you after attempting to dismiss an employee, our workplace law experts can thoroughly analyse the situation and handle legal proceedings on your behalf to ensure the greatest result.

Unfair Dismissal Laws — Lodging Unfair Dismissal Application

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You may be able to lodge a claim for unfair dismissal if you have been:

  • Dismissed from your job without valid reason
  • Dismissed from your job for an unfair reason
  • Constructively dismissed (forced to resign because of your employer’s behaviour)

If you believe that you have been unfairly dismissed, our lawyers can help. Our employment law team will assess your case and give you advice on the best way to proceed. We can also help you to lodge a claim for unfair dismissal with the relevant tribunal, and represent you throughout the process. 

Compensation for Unfair Dismissal Claims

If your claim for unfair dismissal is successful, you may be entitled to compensation. The amount of compensation you receive will depend on a number of factors, including:

  • Your age
  • The length of time you were employed by the company
  • Your level of experience
  • The type of job you were doing
  • The impact that losing your job has had on you (such as financial hardship or damage to your reputation)

The maximum amount of compensation that can be awarded for an unfair dismissal claim is currently $79,250 (as of 2021-22 FY) and changes on 1 July each year.

Get in touch with our team of experienced unfair dismissal lawyers today to find out how we can help you.

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Get in contact with us for a FREE no-obligation 20-minute discussion about your workplace requirements.

Frequently Asked Questions

Unfair dismissal occurs when an employee is terminated from their job in a way that is harsh, unjust or unreasonable. Unfair dismissal can also occur if an employee is forced to resign because of the conduct of their employer.

There are a number of grounds on which an unfair dismissal claim can be brought, including: 

  • Unreasonable or inappropriate behaviour by the employer — i.e. discrimination or sexual harassment
  • Poor work performance
  • Illegality — unfair terms and conditions
  • Redundancy — unfair selection for redundancy

Your unfair dismissal lawyer will be able to advise you on whether you have a valid claim.

In most cases, the unfair dismissal laws in Australia do not apply to casual employees. This is because casual employees do not have the same level of job security as permanent employees. 

However, casual employees are now entitled to bring an unfair dismissal claim in certain circumstances. When you’ve served your minimum employment period, exceptions can be made to part-time and casual workers to bring an unfair dismissal case to court.

You must have been employed for at least six months (or 12 months if your employer is a small business) to make an unfair dismissal claim. 

If you are not sure whether you meet this criterion, talk to a workplace lawyer to find out.

Your unfair dismissal lawyer will be able to advise you on the strength of your claim and the chances of success. They will also be able to help you gather evidence and prepare your case. If your claim is successful, your lawyer will be able to negotiate a settlement on your behalf.
As per the Fair Work Act, you must lodge your claim within 21 days of being dismissed. If you miss this deadline, you may still be able to lodge a late claim if the Fair Work Commission (the Commission) believes it is fair and reasonable to do so.

The first step is to lodge a complaint with the Commission. You can do this online, by mail or in person. 

Once your complaint has been lodged, the Commission will assess it to see if it is eligible to be heard by the Fair Work Commission.

If your claim is accepted, you will be given a date for conciliation. This is where you and your employer will meet with a Commission representative to try and reach an agreement.

If conciliation is unsuccessful, your claim will go to hearing. This is where a Commissioner will hear both sides of the story and make a decision.

The Fair Work Commission can order your employer to pay you compensation, reinstate your employment or take other action to remedy the situation.

If you are unhappy with the decision of the Fair Work Commission, you can appeal to the Federal Court or the Federal Circuit Court. 

You should seek expert advice before taking any further action.

If you resign because of your employer’s conduct, this is called constructive dismissal. For example, if your employer deliberately makes your working conditions so intolerable that you are forced to resign, this may be constructive dismissal. You may have been constructively dismissed even if you have not explicitly resigned. 

If you think you have been constructively dismissed, you should assess your eligibility for legal action as soon as possible. You may have a claim for unfair dismissal, but there are strict time limits that apply.

It is against the law for your employer to treat you unfairly because you have made a complaint of unfair dismissal, or because you have helped someone else make a complaint. This is called victimisation. 

If your employer has treated you unfairly because you have made a complaint or because you have helped someone else make a complaint, you may be able to lodge a separate application with the Fair Work Commission.

Talk to an employment lawyer first before taking any further action.

If the Fair Work Commission finds that your dismissal was unfair, it can order your employer to: 

  • Reinstate you to your job
  • Pay you for any lost wages (including back pay)
  • Compensate you for any loss suffered as a result of the dismissal.

In most cases, the amount of compensation is capped at 26 weeks’ pay.

You can only apply for reinstatement if you have been employed for less than 12 months. If you have been employed for more than 12 months, you can only apply for compensation.

It can take several months for the Fair Work Commission to deal with an unfair dismissal application. 

The first step is for the Commission to hold a conciliation conference. This is an opportunity for you and your employer to try and reach an agreement about the best way to resolve the matter. If you cannot reach an agreement, the matter will be set down for a hearing.

At the hearing, both you and your employer will have the opportunity to present your evidence and arguments. Once all of the evidence has been heard, the Commission will make a decision.

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