Claiming Unfair Dismissal

Under Australian Employment law, as an employee, you may be dismissed by your employer, provided they have followed the proper procedure. This includes giving you fair warning and providing an opportunity for improvement.

Are you Eligible?

Before making an unfair dismissal claim, you need to satisfy certain requirements as set by the Fair Work Commission. The best way to understand whether you satisfy these, if you suspect that you may have been unfairly dismissed, is to speak to a professional who can help you determine your eligibility. Once satisfied, you can then move onto lodging the actual application with the Fair Work Commission against your employer.

The Unfair Dismissal Process

Expect to act quickly if you suspect you have been unfairly dismissed. The procedure to submit your claim is detailed and you only have a short window to act.

1. Lodge your claim
You only have 21 days from the date of your dismissal to lodge your application. Be quick and put together your evidence and claim correctly.

2. Your application is received by the Commission
Your case is appraised and an initial decision whether your dismissal was unjust, harsh ir unfair is made. This is not the final ruling but will serve only to take the matter further.

3. Your employer is notified
The commission will send your claim along with supporting evidence to your former employer and they will have seven days to respond to the claim. You should receive their reposts in this time.

4. Conciliation between you and your employer
Your matter is brought before the commission which acts as a third party and conducts a conciliation between you and your employer. You should try and resolve the matter at this point. This requires strong preparation and negotiation techniques.

5. If unsuccessful, the matter goes to a hearing
Should your conciliation be unsuccessful, your natter will then be scheduled for a proper hearing in front of the Commission. You will need to have evidence, a strong case, and excellent presentation at this stage

What should you do next?

If you believe you have been unfairly dismissed it’s very important you act within the 21 day window to have your case heard. You should seek advice immediately and obtain legal support to help you with your claim.

Gorval Lynch have over fourteen years combined experience in Employment Law and specialise in representing individuals in unfair dismissal cases. Give us a call for a confidential consultation and find out what your best next steps are.