Unfair Dismissal - Your Rights and Obligations

What constitutes unfair dismissal?

According to the Australian Fair Work Ombudsman, unfair dismissal is defined as when an employee is dismissed from their job in a harsh, unjust, or unreasonable manner. If you are suddenly fired without notice or while on stress leave, you may have the grounds to apply for unfair dismissal. To help with your case, this article will cover the legal processes behind unfair dismissal and advise you on what you can do should you find yourself in such a situation.

For large businesses:

Before you apply for an unfair dismissal claim, there are criteria that you need to satisfy, and it should be noted that these requirements are different for large and small businesses.

For large businesses, you are required to work a minimum of six months before being able to file an unfair dismissal claim to the Commission. Furthermore, for your claim to be considered, it must be submitted within 3 weeks, starting on the day after your dismissal.

For small businesses:

A small business is defined as a business that has less than 15 employees.

For small businesses, the minimum employment time is 12 months, and the Fair Dismissal Code also applies, which stipulates that if an employer can prove that they had provided a verbal or written warning to the employee before their dismissal, the Commission will rule it as fair.

The only exception to this is if the employer made the decision to dismiss the employee because their conduct severely breached occupational health and safety procedures.

What you should do:

If you believe that you have been unfairly dismissed, as mentioned above, file a claim with the Fair Work Commission as soon as your employment is terminated. This will give you the most time to prepare your case, should it go to court.

If you have any questions or require assistance regarding unfair dismissal, please contact the team at Wainwright Legal, to help resolve your concerns.