When is a dismissal unfair?

An unfair dismissal is one where the circumstances surrounding the dismissal make it harsh, unjust, or unreasonable, or not as a result of a genuine redundancy (where the employer no longer requires anyone to perform the role).

Length of service;

Not exceeding the High Income Threshold; and

Lodging the claim within 21 days of the dismissal taking effect.

Other claims

In some circumstances, employees may take action against an employer for certain unlawful activities (adverse actions) under the ‘General Protections’ provisions of the Fair Work Act 2009 (Cth), or for discriminatory conduct, harassment, or bullying. If those adverse actions lead to a dismissal, there may be other claims an employee can make. Visit our General Protections page for more information.

Unfair Dismissal | Danny King Legal | Employment Law Services

For employees

If you believe you have been unfairly dismissedor, you should seek the advice of an employment law specialist as, you may be entitled to take action against your employer to enforce your rights. ‘dismissal’ may also include situations where you felt compelled to resign due to certain conduct engaged in by your employer, known as a ‘constructive dismissal’.

Many factors must be considered when pursuing such a claim such as the length of your service with the employer, your income must not exceed the High Income Threshold (unless you are an employee covered by a modern award or enterprise agreement) and you are lodging the claim within 21 days of the dismissal taking effect.

We can help determine whether the circumstances leading to your dismissal were harsh, unjust, or unreasonable, and advise you on the best course of action to protect your legal rights with the best opportunity to move forward.

For employers

Managing performance and dismissal in the workplace can be complex, with the decision to terminate an employee exposing an employer to potential claims. Having good policies and procedures in place can reduce the risk of these claims – but complying with them is equally as important. When terminating an employee, employers must act in a fair and appropriate manner.

Even a procedurally fair termination can lead to an ex-employee claiming their termination was problematic and demanding reinstatement or compensation.

Seeking advice from us early will help you understand whether their claim has merit, and what you should to do to save time, cost, and the stress of lingering litigation, as well as how to avoid it happening in the future.

Why choose DKL?

We treat all clients with respect and dignity, and understand that when confronting workplace issues, it is natural to feel vulnerable and confused. As an experienced team of employment law specialists, we have assisted many employees and employers manage unfair dismissal issues within their workplaces and reach tailored and effective solutions.

Call us on +61 (2) 9233 5669, email hello@dannykinglegal.com, or submit a webform to speak to one of our onboarding team about how we can help you get back to track with your business or your career.