Unfair Dismissal

Losing your job is a difficult experience no matter the circumstances. If it’s a case of unfair dismissal however, it doesn’t simply affect your work life; it can have major repercussions on your personal circumstances and even your professional reputation moving forward. If you’re an employee who believes your dismissal was unjustified, you have the right to pursue an unfair dismissal claim against your employer to recover any damages or income you may be entitled to.

As Canberra’s trusted and reputable unfair dismissal lawyers, we have extensive experience in protecting the rights and employment entitlements of employees who have been unfairly dismissed.

If you believe you may have a claim, get in touch with us on 6279 4444 to find out how we can help you.

How do I know if I was unfairly dismissed?

Factors that indicate you may have a claim include:

  • You were dismissed for misconduct but:
    • you dispute the allegations;
    • the misconduct was not serious; or
    • you had no opportunity to put your side of the story.
  • You were dismissed for performance concerns that you were not given a chance to fix.
  • You were made redundant but:
    • you could have been redeployed; or
    • someone has been hired in your place.
  • You were unreasonably refused a support person in any meetings about your dismissal.

Put your trust in our unfair dismissal lawyers

If you have lost your job recently, our team of experienced unfair dismal lawyers at Meyer Vandenberg can help you determine the best course of action based on what has occurred and the outcome you want. You may be able to bring a claim forward to the Fair Work Commission for unfair dismissal. Or you may have a different type of claim about your termination, for example, a general protections claim or a discrimination claim.

With years of experience working on unfair dismissal and employment law cases, our team of professional lawyers can help you navigate a difficult and stressful time with sound legal advice and reassuring expertise.

Book your consultation today

To have your rights represented by a trusted and reputable unfair dismissal lawyer, call the professional team at Myer Vandenberg about booking an initial consultation on 6279 4444.

FAQs

There are three preconditions:

  • You must have been an employee (not a contractor – but sometimes the difference is blurry)
  • You must have been employed for a minimum of:
    • 12 months if your employer had less than 15 employees
    • 6 months if your employer had more than 15 employees
  • Your employment must be covered by an Award or Enterprise Agreement OR you must have been on an annual salary of less than $138,900.

How long have I got?

Not long!  You have to file your application within 21 days of the date that your termination takes effect, and the deadline is strict.  There is very limited scope to extend it.

Your claim will be sent to your employer, who has to file a response within 14 days of receipt.  You will then be required to attend a conciliation conference, the objective of which is to resolve the matter by agreement without going to a hearing.  Any agreement reached will be recorded in a deed that is binding on both you and your employer.  It is therefore important that you be sure about what your rights are, and what compromises you are prepared to make, before you go to conciliation.

If your claim cannot be resolved by negotiation, it will be given a hearing date.

Not necessarily, but having a lawyer involved will add value by:

  • making sure you bring the right kind of claim about your termination
  • helping you understand the best and worst case outcomes so that you know what your negotiation position should be
  • maximising your chances of settling your dispute at conciliation, by narrowing the issues and presenting your case in a measured and logical way (which can be very difficult for you to do if you are upset or angry)
  • if necessary, guiding you through the process necessary to prepare your evidence and present your case at a final hearing.

To get one of our specialist lawyers on your case now, click here.