I’ve been unfairly dismissed! What now?
By Stone Group Lawyers on February 15, 2019
What is unfair dismissal?
- You were dismissed;
- Your dismissal was harsh, unjust or unreasonable;
- Your dismissal was not a case of genuine redundancy; and
- If you were employed by a small business (less than 15 employees) and your dismissal was not consistent with the Small Business Fair Dismissal Code.
If you believe you have been unfairly dismissed – act fast!
Employees have 21 days from the date of termination to lodge an Application for Unfair Dismissal with the Fair Work Commission.
Do you want your job back?
The preferred method of resolving an unfair dismissal claim, under the unfair dismissal provisions of the Fair Work Act 2009, is the reinstatement of the employee to the position they were previously in or into a new position (that has similar hours, responsibility and pay).
In most cases, this just isn’t practical nor is it realistic.
What about compensation?
Compensation is calculated and capped at the lesser amount of 6 months’ pay or $72,700.00 (from July 2018) or $71,000.00 (between 1 July 2017 to 30 June 2018) for both small businesses (less than 15 employees) and businesses with more than 15 employees. When awarding compensation, the Commission takes into consideration a myriad of current circumstances including, the employer’s financial position, the length of the employee’s employment, and whether the employee mitigated his/her loss by attaining alternative employment etc.
You will have the opportunity to settle the dispute
Yes! The Fair Work Commission will organise a compulsory conciliation conference (usually held around 6 weeks after your application is filed) which allows for you and your employer to negotiate a solution.
You and your employer are expected to have genuine and constructive settlement discussions at the conciliation conference in order to reap the benefits of the process.
For the employer, a well-prepared response to an employee’s Application for Unfair Dismissal is absolutely invaluable during a Conciliation Conference.
A few tips if you have just been unfairly dismissed
- Lodge your application within 21 days from the date of your termination;
- Obtain alternative employment as soon as possible to recover the pay cheques you would have otherwise received;
- Contact and obtain statements from witnesses; and
- Maintain copies of emails and notes which may assist your case.
At Stone Group Lawyers we have a dedicated team of litigation solicitors who can assist with both employee and employer unfair dismissal claims. Contact our office today to arrange a free 30 minute consultation to discuss how we can help you on 1300 088 440.