What Is Unfair Dismissal?

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Home > Blog > What Is Unfair Dismissal?

An unfair dismissal can be a devastating experience, leaving you feeling gutted and powerless. Whether you have bills to pay or a family to support, losing your job can cause tremendous concern for most people. Sometimes it may be unclear as to whether the dismissal was fair or unfair. It is always best to seek legal advice if you think you have been dismissed unfairly. By speaking to a Lawyer about your concerns, you can avoid potentially costly mistakes.

A dismissal is considered to be unfair if it is harsh, unjust or unreasonable. To determine this, the Fair Work Commission will consider the following:

  • Was there was a valid reason for dismissal?
  • Were you notified of the reason?
  • Were you were given an opportunity to respond to the reason?
  • Did your employer allow you to have a support person present during discussions relating to the dismissal or did he/she unreasonably refuse?
  • If the dismissal was related to unsatisfactory performance, were you warned about your performance before the dismissal
  • The size of the employer’s enterprise or business
  • Whether the employer had any dedicated human resource management specialists or expertise in the business
  • Any other relevant matters, such as the age of the employer and the length of employment

If you think you have been unfairly dismissed, act quickly as there are strict time limits for lodging an unfair dismissal claim.Applications must be filed within 21 days of the dismissal taking place. If you are unsure, contact Cairns Employment and Workplace Lawyers who can offer legal advice to help you make the best possible decisions.

Cairns Employment and Workplace Lawyers

  • Cairns Employment and Workplace Lawyers is a practice group of Cairns-based law firm Preston Law
  • They offer free initial consultations to assess your case. So there’s nothing to lose and plenty to gain!
  • In most situations, they can provide you with a fixed fee price to represent you so that you know exactly what you are getting and at what price.
  • No win no fee arrangements are also available in some circumstances.
  • Cairns Employment and Workplace Lawyers can help you to have your voice heard, stand up for your rights and find real life solutions.
  • Our experienced workplace and employment lawyers will help you understand your legal rights and options, and guide you through the unfair dismissal claim process to give you the best chance for a favourable outcome.
  • We can also prepare your claim for you, and send it to the Fair Work commission on your behalf.

Contact Cairns Employment and Workplace Lawyers today:

1/15 Spence St, Cairns City QLD 4870

ph 07 4052 0700

Call for a free case assessment