At Glaser Lawyers, we understand that being terminated from your employment can be a difficult and stressful experience. However, if you believe that your dismissal was unfair, you may be entitled to compensation or reinstatement through an Unfair Dismissal Application.

The Fair Work Act 2009 (Cth) and state-based legislation outline the criteria for making an unfair dismissal claim, including the factors considered when deciding if a dismissal is “harsh, unjust or unreasonable.” There are several situations where a claim might be successful, such as if you were dismissed based on false or incorrect allegations about your conduct, were not given clear warnings or opportunities to improve your performance, or were forced to resign due to your employer’s conduct.

Most employees are eligible to make a claim, but there are some exceptions, such as if you were employed for less than six months, on probation at the time of dismissal, or a casual or seasonal employee. Our lawyers can help you determine if you have a claim and provide guidance on your legal options.

If you are eligible to make a claim, it’s important to act quickly. Fair Work Commission Applications must be made within 21 days of termination taking effect, and missing this deadline can make you ineligible for compensation. We recommend seeking unfair dismissal advice from a lawyer as soon as possible to protect your rights and interests.You can get in touch with us at Glaser Lawyers by emailing us at admin@glaser.net.au or calling us at 1300 000 770 to learn more about how we can assist you.

As an employee, being terminated from your job can be a challenging experience. However, if you believe that your dismissal was unjust, you may be able to pursue compensation or reinstatement through an Unfair Dismissal Application.

The legal framework that governs unfair dismissal claims is set out in the Fair Work Act 2009 (Cth) and state-based legislation. Section 385 of the Fair Work Act defines “unfair dismissal” as a dismissal that is “harsh, unjust or unreasonable.” The legislation also sets out specific criteria for who can make an unfair dismissal claim.

Case law has helped to clarify how these legal provisions apply in practice. For example, in the case of DP World Sydney Ltd v Guy [2016] FCAFC 184, the Full Federal Court held that an employee who was dismissed for refusing to use biometric scanners had been unfairly dismissed. The court found that the dismissal was harsh, unjust and unreasonable because the employee had a legitimate reason for refusing to use the scanners, and the employer had not properly consulted with him before making the decision to dismiss.

Some common situations where a claim for unfair dismissal may be successful include if an employee is dismissed based on false or incorrect allegations about their conduct, if they were not given clear warnings or opportunities to improve their performance before being dismissed, or if they were forced to resign due to their employer’s conduct.

While most employees are eligible to make an unfair dismissal claim, there are some exceptions. For example, if an employee has been employed for less than six months, they are not eligible to make a claim. Similarly, employees who are on probation, casual or seasonal workers, or employees of certain State Governments may not be able to pursue an unfair dismissal claim.

If you believe that you have been unfairly dismissed, it is important to seek legal advice as soon as possible. Fair Work Commission Applications must be made within 21 days of termination taking effect. Our experienced lawyers can help you understand your legal rights and options and provide guidance on the best way forward. You can get in touch with us at Glaser Lawyers by emailing us at admin@glaser.net.au or calling us at 1300 000 770 to learn more.