If you’ve lost your job and believe it was done unfairly, it’s important to know your rights under Australian employment law.
When Are You Considered Dismissed?
You are considered to have been dismissed if:
- Your employment was terminated by your employer, or
- You resigned, but only because your employer’s actions left you with no real choice — this is known as a constructive dismissal.
What Is Unfair Dismissal?
An unfair dismissal occurs when your termination is:
- Harsh – the punishment outweighed the misconduct;
- Unjust – you were not guilty of the reason given;
- Unreasonable – there was no fair basis for the decision; or
- Not a genuine redundancy (where your role is no longer required and proper consultation occurred).
You may be protected under unfair dismissal laws or general protections dismissal provisions under the Fair Work Act 2009.
Am I Eligible to Apply?
You may be eligible to lodge an unfair dismissal claim with the Fair Work Commission (FWC) if:
- You’ve been dismissed;
- You lodge your application within 21 days of the dismissal taking effect;
- You are covered by the national workplace relations system;
- You’ve worked the minimum employment period:
- 6 months for most businesses or;
- 12 months for small businesses (fewer than 15 employees);
- You earn less than the high-income threshold (Currently $175,000 this figure is adjusted annually on 1 July), or are covered by a Modern Award or Enterprise Agreement.
Why Legal Advice Matters
Employment law can be complex. Whether you’re unsure about your eligibility or just need help lodging a timely application, early advice by lawyers in Newcastle can make all the difference. Don’t delay — strict timeframes apply.
