Workplace Law | Dealing With Unfair Work Dismissal

Executive Legal on dealing with unfair work dismissal

Losing a job is one of the most stressful experiences that you can have during your adult life. It is even more problematic if you think that you have been dismissed for the wrong reason. If you have been unfairly terminated from your employment, according to workplace law, you may be able to claim for compensation or reinstatement through an Unfair Dismissal Application. You can get in touch with an unfair workplace dismissal lawyer to make sure that you are eligible for this claim.

Dealing With Work Dismissal with an Unfair Dismissal Lawyer

Some situations wherein a claim might be successful include the following:

  • Being dismissed from your work based on allegations about your conduct which were false or incorrect
  • Being terminated for poor performance, but were not correctly given warnings or opportunities to improve
  • Being dismissed while you are still in recovery from an injury or illness
  • Being dismissed due to the conduct of your employer
  • Being terminated for redundancy but hiring another person to fill your position
  • Being dismissed without being provided with an apparent reason, or a fair chance to respond to the reasons for dismissal

What Makes an Individual Ineligible for Making a Claim for Unfair Dismissal?

Most employees are eligible for making a claim for unfair dismissal. However, there are still some cases wherein an individual is not qualified to apply for claims. Based on workplace law, these reasons include the following:

  • If your employment was for less than six months
  • If you were still on probation at the time of dismissal
  • If you are not a full-time employee (you were a casual employee or seasonal employee)
  • If you were a contractor
  • If your employment was not covered by an enterprise agreement or modern award 
  • If your salary is more than the “Unfair Dismissal High Income Threshold”
  • If your termination of employment was a case of genuine redundancy
  • If your employer was a small business or a startup company that complied with the Small Business Fair Dismissal Code

It is best to consult with an unfair workplace dismissal lawyer to ensure that you are eligible for a claim before you go through all the trouble of the process. This will save you a lot of time. Seek a piece of unbiased advice from a workplace lawyer as soon as possible.

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