What is Unfair Dismissal?

An unfair dismissal happens when an employer terminates someone’s employment for reasons that are harsh, unjust or unreasonable. An employee who resigns because of unfair treatment at work that they cannot suffer any longer may also be protected by the unfair dismissal laws, under what is known as “constructive dismissal”.

The most important thing in unfair dismissal cases is to know who is protected by the legislation and what are the timeframes that apply. For example, in every unfair dismissal case – you must make application within 21 days of the date of your termination.

Not all employees are protected by unfair dismissal laws. Only permanent fulltime employees who have held their job for more than 6 months and/or part-time/casual employees who have held their job for 12 months or more are protected. In addition, high income earners (over $153,600 per annum) cannot apply.

More information about Constructive Dismissal Please click here

Work Rights Australia provides affordable professional help to workers in their greatest time of need. We provide capped fee pricing – a full suite of professional advocacy and support services - and an obligation free 40-minute telephone consultation to discuss and analyse your case as soon as you have completed and submitted our Intake Form. (Terms & Conditions Apply)

Below is a handy Check List to see if you are protected by Unfair Dismissal laws

1. Do you have a contract of employment?

2. Are you permanent, fulltime, part-time, or casual?

3. How long have you held your job?

4. Are you still in a probation period?

5. What is the date of the termination of your employment?

6. Are you making an application within 21 days of your termination date?

7. Do you earn more the high-income threshold ($153,600 per annum)?

8. Are there any witnesses at work who could help prove your case?

9. Are you in possession of any documents that will help prove your case?

10. Once you know the answers to the above – complete our fast action INTAKE FORM below

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