Unfair Dismissal

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Don't Suffer in Silence, Hire Unfair Dismissal Claim Lawyers

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.

What is the Criteria for Lodging Unfair Dismissal Claim

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:

Possible Reasons for Employment Termination

Employment can be terminated for several reasons which can include:

Your employment contract will outline the terms and conditions of your employment.

What is Considered an Unfair Dismissal by Fair Work Act 2009?

As per the Fair Work Act 2009, an employer can terminate an employment contract based on:

Genuine redundancy
The termination is not harsh, unjust, or reasonable
Termination is in accordance with the Small Business Fair Dismissal Code
Summary dismissal: instant dismissal or on-the-spot dismissal by the employer for extremely serious misconduct done by an employee
Dismissal in lieu of notice: the employer must have a valid reason for dismissing the employee, and the employer is required to give a written notice along with the notice period stated in the employment agreement

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.

What is the Minimum Termination Notice Period When Terminating a Permanent Employee

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.

If you feel or suspect you may have been unfairly dismissed, you should need urgent legal advice

When is Dismissal Unlawful

An employment contract can be deemed unlawfully terminated when it is terminated on the following grounds:

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