Losing your job is never easy—but being dismissed without a valid reason or proper procedure is not just unfair, it may be unlawful. If you’ve been terminated without cause, denied procedural fairness, or targeted unfairly, you might be eligible to lodge an unfair dismissal claim. Understanding your rights under Australian law can help you take action. This guide will walk you through what unfair dismissal is, how to recognise it, and what to do if it happens to you.
Table of Contents
What Is Unfair Dismissal?
Unfair dismissal occurs when an employee is terminated in a way that is harsh, unjust or unreasonable. It can include:
- Being dismissed without a valid reason(e.g. performance or conduct)
- Not being given a chance to respondto allegations
- Not being provided notice or supportbefore dismissal
- Being dismissed in a discriminatory or retaliatory manner
Examples of Potentially Unfair Dismissal:
- Terminated after raising safety concerns
- Dismissed due to illness or injury
- Let go with no written warnings or performance reviews
Who Can Make an Unfair Dismissal Claim?
To be eligible, you must:
- Be covered by the national workplace relations system
- Have completed the minimum employment period:
- 6 months for larger businesses
- 12 months for small businesses (fewer than 15 employees)
- Have been dismissed(not resigned voluntarily)
Casual employees may be eligible if they worked regular and systematic hours and had a reasonable expectation of ongoing employment.
Time Limits Matter
Unfair dismissal applications must be lodged with the Fair Work Commission within 21 days of your dismissal taking effect.
What to Do If You’ve Been Unfairly Dismissed
Acting quickly and gathering evidence is key. Here are the steps to take:
Request the reason for your dismissal in writing
Document everything – dates, conversations, emails, performance reviews
Seek support – from your union or legal advisor
Lodge an application for unfair dismissal with the Fair Work Commission
Possible Outcomes:
- Reinstatementto your previous role
- Compensation(capped at 26 weeks’ pay)
- A settlementor agreement between you and your former employer
The Role of Unions in Unfair Dismissal Cases
Unions provide vital support to members facing dismissal. They can:
- Review your case and advise on eligibility
- Represent you during Fair Work proceedings
- Negotiate better exit termsor settlements
- Protect others in your workplacefrom similar treatment
Why Union Representation Matters
- Expert understanding of workplace laws
- Stronger position during negotiations
- Emotional and procedural support during a tough time
Protect Yourself from Future Risk
Even if you haven’t faced dismissal, knowing your rights is key to protecting yourself. Keep records, understand your award or agreement, and never sign anything under pressure without advice.
Stand Up for Fair Treatment
No one should be treated unfairly at work. If you believe you’ve been wrongfully dismissed, speak to your union or contact the Fair Work Commission as soon as possible. You only have 21 days to act. Don’t let your rights be taken away without a fight.
You deserve fair treatment, dignity, and respect in the workplace. If those have been denied, you have the power to challenge them.
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