Unfair Dismissal Lawyer
Losing your job can be devastating, especially if you believe the dismissal was unfair. Employees have rights under Australian law, but strict time limits apply. Understanding whether you have a valid claim and acting quickly is vital.
Revolance Legal supports employees and employers in unfair dismissal matters. We provide direct advice on eligibility, represent clients in the Fair Work Commission and work towards fair resolutions.
What is Unfair Dismissal?
Unfair dismissal occurs when an employee is dismissed in a way that is harsh, unjust or unreasonable. The Fair Work Commission assesses whether there was a valid reason related to the employee’s capacity or conduct and whether the dismissal process was fair (for example, whether the employee was given notice and an opportunity to respond).
According to Legal Aid NSW, a person is dismissed if they are sacked, terminated or forced to resign. Being demoted or not given shifts may also be considered dismissal in some cases.
Who Can Apply?
To make an unfair dismissal claim, you must:
- Be an employee covered by the national workplace relations system (most employees in NSW and other states).
- Have completed the minimum employment period (generally six months, or 12 months for small businesses).
- Earn less than the high‑income threshold (unless covered by an award or enterprise agreement).
- Lodge the application within 21 days of the dismissal taking effect.
Employees who are casual with no reasonable expectation of continuing work, or who are employed by state government bodies, may not be eligible.
How To Apply
- Act quickly: You have 21 days from the day you were dismissed to lodge an application with the Fair Work Commission.
- Complete the form: Prepare a Form F2 (Unfair Dismissal Application) including details of your employment, the dismissal and the remedy sought.
- Pay the fee: An application fee applies. Concessions may be available.
- Serve the employer: The Commission will notify your employer and send them a Form F3 response.
- Participate in conciliation: The Commission will arrange a conciliation session where a conciliator helps both parties negotiate a resolution. Agreements reached at conciliation are binding.
- Hearing: If conciliation fails, the matter proceeds to a hearing or conference. A Member of the Commission will decide whether the dismissal was unfair and order a remedy.
Remedies
If the Commission finds that the dismissal was unfair, it may order:
- Reinstatement: returning the employee to their former position with continuity of service and lost remuneration.
- Compensation: up to six months’ wages, taking into account the circumstances of the dismissal and whether the employee made reasonable efforts to mitigate their loss.
- Other conditions: such as adjustment to employment records.
How Revolance Legal Can Help
Our unfair dismissal lawyers:
- Advise on eligibility and prospects of success.
- Prepare and lodge applications within the strict time limits.
- Gather evidence and prepare submissions.
- Represent clients during conciliation and hearings.
- Negotiate settlements to avoid hearings where possible.
We also assist employers in responding to claims, ensuring compliance with procedural fairness and reducing the risk of unfair dismissal findings.
Frequently Asked Questions (FAQs)
Can I apply after 21 days?
Does resigning stop me from bringing a claim?
What if my employer says I am not eligible?
Get The Support You Need
Unfair dismissal claims move quickly. Revolance Legal provides direct, efficient assistance to help you secure a fair outcome. To discuss your situation with us, call 02 9266 0688 or email [email protected].