Unfair dismissal claim lawyers

If your employment is terminated and the circumstances appear unfair, unreasonable or harsh, you may have a claim for unfair dismissal. Unfair dismissal is a complex legal area, but our experienced employment lawyers are here to help guide you.

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Who can make an unfair dismissal claim?

Under the the Fair Work Act 2009 or similar state legislation, you may have a claim for unfair dismissal with the Fair Work Commission (or similar State Industrial Relations Commission) if you were dismissed and the circumstances were unfair, unjust, unreasonable or harsh. The Commission will determine whether this was the case.

You're considered dismissed if your employment has been terminated on the employer’s initiative, or if you've resigned but were forced to do so in response to conduct by your employer which gave you no reasonable choice but to resign (constructive dismissal).
 

What are the time limits for making an unfair dismissal claim?

There is a strict 21-day time limit for unfair dismissal claims. A claim lodged outside this period will only be considered by the Fair Work Commission or a State Commission in exceptional circumstances. So it's important to seek legal advice from an employment lawyer as soon as you believe you've been unfairly dismissed so you know where you stand.
 

Am I eligible to make an unfair dismissal claim?

Most employees are able to make a claim for unfair dismissal, however there are some criteria that need to be satisfied.

When considering whether a dismissal was harsh, unjust or unreasonable, the Fair Work Commission will take into account a wide range of materials and evidence. In certain cases the Commission will conduct a conference or hold a hearing in relation to the application (usually when the matter involves disputed facts).

Eligibility criteria is outlined below. Your employment lawyer will also be able to advise you on your eligibility for an unfair dismissal claim and any other considerations.