What Determines Unfair Dismissal?

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Home > Blog > What Determines Unfair Dismissal?

When you have beenterminatedfrom your place of employment by your employer without any reasonable explanation, it can leave you feeling helpless and frustrated.

Unfair dismissal is when an employee is dismissed from their employment in a harsh, unjust, or unreasonable manner. Employees may not be aware of their rights and often believe that their employer is too powerful to be challenged over an unfair dismissal.

Case Study

Jan was employed as a live in site manager for a property which rented out chalets.

It was understood that she would earn a very small wage and would only receive her holiday entitlements after working for 12 months. The trade-off was that Jan would receive free accommodation and her electricity and phone costs would be paid for by the employer who insisted that Jan must live in the on-site manager’s residence so they would be available to guests 24 hour a day, 7 days a week.

For the first 12 months there were no problems. Jan then approached her employer about taking some holiday time as had been agreed at the commencement of her employment. The conversation didn’t go particularly well and Jan was told to get off the property or be charged with trespassing. Jan didn’t know her rights and was intimidated enough by her employer that she packed her belongings as instructed.

Jan might have let it go as a learning experience if her employer hadn’t then refused to pay her any holiday pay and held back her wages for the last month.

Jan was successful in recovering all monies due to her and received additional compensation for the financial hardship caused by her employer’s actions.

Who Can Help Me With My Unfair Dismissal Case?

If your employment is terminated and you feel that it was aharsh, unjust, or unreasonable, you should immediately contact an employment lawyer who understands the complexities of employment law and has experience in handling unfair dismissal claims. 

There are very strict time limits on lodging anunfair dismissal claim. Applications must be filed within 21 days of the dismissal taking effect.

Free initial consultation and no fee surprises.

If you’ve just been dismissed, you don’t want to worry about legal fees.  Cairns Employment and Workplace Lawyers offer free initial consultations to assess your case. You’ve got nothing to lose and plenty to gain.

Get dependable local legal advice for your workplace matters –contact usfor a free assessment of your claim on 4052 0722.

Call for a free case assessment