Unfair Dismissal – Acting For Employees

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Unfair Dismissal

Losing your job can be a heart wrenching experience and can have long term consequences to you, including loss of income and inability to find another job of comparable pay or experience.

This is especially the case when your employer has dismissed you in a manner that was unfair. An employee can only be dismissed for performance or conduct related issues (otherwise known as misconduct). However these reasons need to be defensible and justifiable. If the employer has contrived a reason for you dismissal that does not stand up to objective analysis, then your dismissal can be deemed unfair, and entitle to you to either reinstatement or compensation for lost earnings.

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What is a Performance Related Dismissal?

For performance related dismissals, your employer can be considered to have unfairly dismissed you when your employer:

  1. falsely claims that you have not performed
  2. did not give you any prior warnings as to areas that you needed to improve
  3. was inconsistent in applying workplace performance criteria
  4. set unrealistic performance standards
  5. did not give you an opportunity to explain your performance


What is a Misconduct Related Dismissal?

For misconduct related dismissals, your employer can be considered to have unfairly dismissed you when your employer:

  1. did not investigate properly the allegations made against you
  2. did not give you an opportunity to respond to the allegations
  3. made a decision based on insufficient evidence
  4. dismissed you which was disproportionate to your misconduct


Who can bring a claim?

An employee, who earns less than $133,000 and is not covered by an award or enterprise agreement, is entitled to bring an unfair dismissal claim within 21 days of their being dismissed.

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