Unfair Dismissal in Australia: Know Your Rights and Take Action

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

LEGAL COMPLEXITIES FOR EMPLOYMENT

The field of Employment Law presents many challenges for employees and employers alike.

Our partners Ian Field and Mark Game can take care of those employment law issues for you, including contract and policy preparation and review, restraint of trade issues, confidentiality, redundancy/dismissal, and general employment law issues and disputes.

Employment Law presents many challenges for employees and employers alike
In the event of a dispute, if it’s not possible to negotiate an outcome, we can arrange representation for you in the appropriate court or tribunal, with the benefit of our Special Counsel, Guy Sara.

LEGAL COMPLEXITIES FOR EMPLOYMENT

Employment law is massively complex, and this applies to both the employer and the employees. For the employer, there is a need to know the rules governing the hiring, remuneration, and dismissal of employees.

This knowledge is important as it helps a company protect itself in the face of the law whenever something out of the ordinary happens.

For example, as an employer, you might find yourself facing controversy over the conduct of your business towards an employee.

While at times mistakes happen due to ignorance and naivety, the law sees you as the person tasked with safeguarding the rights of those under you. As such, an employer will always have an obligation towards the employees.

At times, it is important to understand the legal ramifications that govern every single act by a company or an employee. While the employer is always the boss, there is a need to draw a line between what is acceptable behavior and what is not.

Employment law also exists to serve the employer from the employees. For example, as an employer, you may be challenged on the following: How are you protected from a member of staff who chooses to use company resources or information in a malicious nature? Are they immune from the law? What does employment law say about someone who fails to come to work for days on end without a leave of absence? As the employer, do you have the mandate to discipline that person?

The Importance Of Understanding Agreements for employment law

Laws governing the drafting, implementation, and cancellation of contracts have always been weighty. The average Joe does not understand the lingo that governs employment contracts. If you are an employee, you need to clearly understand the terms laid out in the agreement between you and your employer.

The employer also needs to understand the strict conditions of a contract in order to avoid violations and charges. Generally, there is a lot of ground involved when covering employment law, which raises the need for an expert on legal matters every time an issue comes up.

In the firm, we are fortunate to be able to rely on the experience and intellect of our two partners, Mark Game and Ian Field, when it comes to resolving issues relating to employment law.

Article Source: Employment Law