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