EMPLOYMENT LAW

If you have been unfairly dismissed from your job there are a couple of things you should know about what constitutes unfair dismissal in the eyes of the law and when it applies to you.
 

Act Quickly

You need to avoid delay. Being dismissed is not pleasant. It's understandable that some people avoid dealing with it, but the time you have available to make an unfair dismissal application is very short.

 

Be Aware Of Deadlines

If you are in the Federal system under the Fair Work Act 2009, you have only 21 days from your last day of employment (usually the last day you actually worked). You've got a short amount of time. If you want advice on it, don't leave it until the 21st day.

Application Minimum Criteria

Work out whether you meet the minimum criteria for an unfair dismissal application in the relevant system. If not, you wont be able to make an unfair dismissal claim.

To make a claim to the Fair Work Commission, you need a minimum employment period of 6 months (or if the employer had less than 15 employees, it's 12 months). You also need to be covered by an award or enterprise agreement, or earn below what is called the high-income threshold - currently $158,500. There are rules that determine what is counted as earnings.

Consider other Possible Applications

 

If you don't fit the minimum criteria, you can consider other kinds of applications. You might have a contractual claim, or another claim under the Fair Work Act if the reason for dismissal is unlawful (for example, an adverse action - General Protections - application).

It’s a good idea to get advice about that.

No Cost Phone Consultation

Many lawyers won't charge you for an initial consultation over the phone.

Whether you pay for it or not, it is in your interests to get early advice about whether your claim is likely to fit existing criteria for unfair dismissal or whether you might have some other type of claim.