Unfair Dismissal

Many employees are protected from unfair dismissal under the Fair Work Act 2009 (Cth). Employees not protected by the Fair Work Act 2009 (Cth) may have another claim available to them such as a claim for breach of contract. If you believe you have been unfairly dismissed, or if you are an employer seeking to challenge an unfair dismissal claim, talk to Blossom Lawyers about your legal options.

What Is Unfair Dismissal?

The Fair Work Act 2009 (Cth) says an employee has been unfairly dismissed if:

• The dismissal is harsh, unjust or unreasonable,
• The dismissal is not a case of genuine redundancy, or
• In a small business setting, the dismissal fails to comply with the Small Business Fair Dismissal Code.

Who Can Make An Unfair Dismissal Application?

To be eligible to make an unfair dismissal claim under the Fair Work Act 2009 (Cth), an employee must meet the relevant eligibility criteria, which includes things such as a minimum period of employment and the requirement that the former employee was earning less than the high-income threshold.

Is There A Time Limit For Unfair Dismissal Applications?

The Fair Work Commission must receive your application within 21 days of the day the dismissal took effect otherwise you will likely be prevented from making an unfair dismissal claim, so it is important to seek advice as soon as possible.

I Am an Employee.  Is My Claim Valid?

The decision to make an unfair dismissal application is not to be taken lightly. Before proceeding, there are several factors to consider:

• The validity of the dismissal with regards to the employee’s capacity or conduct
• Whether the employee had previously received warning(s), was notified of the reason(s) for dismissal, and received sufficient time to respond prior to the dismissal
• Whether the employee was allowed a support person to be present at any discussions
• Other matters that may contravene Fair Work legislation.

Form F2 - Unfair Dismissal Application

I Am an Employer.  What Do I Need to Know?

The Fair Work Commission will notify an employer when an application for unfair dismissal is made. This is the time to seek advice and/or representation from Blossom Lawyers. Should the matter proceed, we ensure your response is fully informed, fully detailed and meets all the Commission’s requirements. For more information, download the following forms:

Form F3 – Response to Unfair Dismissal application.
Form F4 – objection to an application for unfair dismissal remedy.

What Is a Conciliation Conference?

The Fair Work Commission facilitates conciliation conferences to help employers/employees resolve disputes related to the employment relationship or dismissal. About 80 per cent of matters are resolved via conciliation, according to the Commission, with the remainder proceeding to arbitration or court. While employers can represent themselves at conciliation conferences, legal representation – such as that provided by top Employment Law firm Blossom Lawyers – offers clarity, certainty and reassurance around all processes and requirements.