Losing a job can be devastating, especially when it feels unjust. In Australia, workers are protected from being sacked without a valid reason or due process. If you suspect you’ve been let go unfairly, it’s important to understand what unfair dismissal is and what steps you can take. This guide will help you recognise unfair dismissal and navigate the process of standing up for your rights.
What Counts as Unfair Dismissal?
Under the Fair Work Act, unfair dismissal occurs when:
- You were dismissed in a harsh, unjust or unreasonable way
- Your employer did not follow a fair process (such as giving warnings or allowing you to respond)
- You were dismissed without a valid reason (like poor performance or serious misconduct)
Examples Might Include:
- Being sacked for raising a safety concern
- Termination following maternity leave or a medical issue
- Being dismissed without any previous performance discussions
Who Is Eligible to Make a Claim?
To lodge a claim for unfair dismissal, you must:
- Be covered by the national workplace relations system
- Have completed at least:
- 6 months of service (if your employer has 15+ employees), or
- 12 months (if your employer is a small business)
- Be dismissed (resignation due to workplace pressure might qualify as a constructive dismissal)
Casual employees may be eligible if they worked regular and systematic hours and are expected to have ongoing work.
Warning Signs of an Unfair Dismissal
Unfair dismissal is not always obvious. Be alert to red flags, such as:
- Sudden termination without warning
- No opportunity to respond to alleged issues
- Dismissal after filing a complaint or taking leave
- Being forced to resign under pressure
What to Do If You Think You’ve Been Unfairly Dismissed
Time is critical. You only have 21 days from the date of dismissal to file a claim with the Fair Work Commission.
Take These Steps:
- Request a written reason for your dismissal
- Document all relevant interactions, including emails, performance reviews, and conversations
- Contact your union or seek independent legal advice
- Lodge an unfair dismissal application online via the Fair Work Commission
What Outcomes Are Possible?
If your dismissal is found to be unfair, the Commission can order:
- Reinstatement to your former role
- Compensation (up to 26 weeks of pay)
- Other agreed-upon outcomes, like an apology or reference
The Role of Unions in Unfair Dismissal Cases
Unions provide vital support throughout the dismissal process. They can:
- Review the legality of your dismissal
- Help gather evidence and prepare your case
- Represent you at the Fair Work Commission
- Negotiate a resolution or settlement on your behalf
Why Union Representation Matters
- You’ll have expert guidance through every step
- You’re less likely to be taken advantage of
- You’ll be backed by a collective voice advocating for fair treatment
Don’t Let Unfair Dismissal Go Unchallenged
Every worker has the right to fair treatment and due process. If you’ve been dismissed and something doesn’t feel right, trust your instincts and act fast. Document everything, get support, and fight for the respect you deserve.
To learn more or start your claim, contact your union or visit the Fair Work Commission website. No one should lose their job without fairness and accountability.
