A dismissal is unfair if you have been dismissed or feel like you were forced to resign, and the dismissal or forced resignation was harsh, unjust or unreasonable.
A dismissal or forced resignation may be harsh, unjust or unreasonable if, for example:
It can be difficult if the termination came as a shock, and you were not prepared to be unemployed. Unfair dismissal applications in the Fair Work Commission can be complex and often experts in the field.
As Lawyers who exclusively act in the area of employment, we can help you navigate the complicated area of unfair dismissals. We can assist you with unfair dismissal applications as well as attending Fair Work Commission conciliations and hearings.
Depending on your circumstances, you may be eligible to file an unfair dismissal application with the Fair Work Commission.
Eligibility criteria includes the minimum time you have been employed, whether you earn under the high income threshold, fall under an award or enterprise agreement, whether you have filed your application within 21 calendar days of your last day of work and that you have paid the filing fee.
If you are successful with your unfair dismissal application, then the Fair Work Commission may order that:
The Fair Work Commission cannot award compensation for any shock, distress or humiliation, or other damages other than economic loss caused by the manner of the dismissal.
We can help you by talking through the eligibility criteria with you and assist you in deciding whether your dismissal was unfair or not and preparing and filing the application and advocating you at the conciliation.
The time limit is 21 calendar days, from the date dismissal occurred. You may file an out of time application but you will need to address: the reasons why you are out of time.
Currently the high-income threshold is $158,500. This changes from year to year.
No, you can use the unfair dismissal benchbook to help you file an application. The benchbook provides a plain English explanation of the processes in the Fair Work Commission but does not provide legal guidance. We also have a youtube channel with a tutorial on how to prepare and file an unfair dismissal application.
The first major step in an unfair dismissal application is for the parties to attend a conciliation organised by the Fair Work Commission.
The conciliation is an informal process and is conducted over the phone by a conciliator or a commissioner.
The conciliation is a great opportunity for the parties to resolve the matter before the need to incur further legal costs and undergo a lengthy Commission process. If your matter is not resolved at the conciliation then it will progress further towards a final hearing.
Generally, each party is required to pay their own legal costs. Costs can only be awarded if: