Losing your job unexpectedly can be stressful and confusing. If you believe your dismissal was harsh, unjust, or unreasonable, you may have legal rights under the Fair Work Act 2009 (Cth) to challenge your employer. Understanding what constitutes an unfair dismissal and acting promptly is key to protecting your rights.
What is Unfair Dismissal?
A dismissal may be considered unfair if it:
- Was harsh, unjust, or unreasonable;
- Was not a genuine redundancy;
- Did not comply with the Small Business Fair Dismissal Code (for small employers).
Employees must generally have been employed for at least six months (twelve months for small businesses) and lodge a claim within 21 days of dismissal. Missing this deadline can jeopardize your claim.
Common Unfair Dismissal Situations
- Dismissal without a valid reason – Being terminated without a proper explanation or evidence.
- Retaliation for speaking up – Termination after raising complaints about harassment, discrimination, or workplace issues.
- Sham redundancy – Roles that still exist or could have been redeployed elsewhere.
- Constructive dismissal – Being forced to resign due to unbearable work conditions, harassment, or unreasonable workloads.
Recent Legal Developments
In 2024, the High Court of Australia allowed employees to claim damages for psychiatric harm caused by unfair dismissal processes. Previously, emotional distress claims were limited under historic law. This change enables affected employees to seek compensation beyond typical Fair Work Commission limits if serious psychological harm occurs.
How Aylward Game Solicitors Can Help
Based in Brisbane, Gold Coast, and Sunshine Coast, Aylward Game Solicitors assists employees and employers with all aspects of unfair dismissal:
- Assessing if a dismissal is legally unfair
- Gathering evidence and preparing applications
- Representing clients in conciliation or hearings before the Fair Work Commission
- Negotiating reinstatement or financial settlements
Their expertise ensures both procedural fairness and the protection of employee rights while helping employers reduce risk and comply with employment laws.
Take Action Quickly
If you suspect your dismissal was unfair, act fast. Gather evidence, seek professional legal advice, and consider conciliation before matters escalate. Learn more about your legal options with Aylward Game Solicitors.
Article Source: Know your rights in Australia
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