Do you feel as though you have been unfairly dismissed? Or are you an employer who has been served with an unfair dismissal claim? Kingsford Lawyers is here to assist.
People can experience employment issues for many reasons, most commonly we find these issues relate to the:
If you are experiencing any of the above-listed issues, it is important you seek immediate legal advice.
An unfair dismissal claim must be lodged with the Fair Work Commission within 21 days of the dismissal.
To make a claim you must satisfy the following criteria:
Employment can be terminated for several reasons which can include:
Your employment contract will outline the terms and conditions of your employment.
As per the Fair Work Act 2009, an employer can terminate an employment contract based on:
According to the Fair Work Act 2009, an employee has been unfairly terminated if Fair Work Australia finds that the termination was harsh, unjust, and unreasonable or if the termination was not a case of genuine redundancy.
Under the Fair Dismissal Code, employees of small business employers cannot make a claim for unfair termination in the first 12 months after being employed. Employees of larger business employers can make a claim for unfair termination after the completion of 6 months of employment.
| 1 year or less | 1 week |
| More than 1 – 3 years | 2 weeks |
| More than 3 – 5 years | 3 weeks |
| More than 5 years | 4 weeks |
An employee who is over 45 years old and has worked at the company for at least 2 years is also entitled to an extra week of notice.
An employment contract can be deemed unlawfully terminated when it is terminated on the following grounds:
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