Employment termination and unfair dismissal often involve complex legal issues. A WorkLegal employment lawyer can assist you with the process involved in an unfair dismissal application, Fair Work Commission conciliation conference and final hearing.

Case Assessment

A WorkLegal lawyer can assess eligibility to make a claim in unfair dismissal and advise on the best course of action to follow, including alternative claims for compensation for wrongful dismissal or for breach of an employment contract.

You may be eligible to make an unlawful dismissal claim or a general protections claim even if ineligible to make an unfair dismissal claim.

WorkLegal is dedicated to achieving the best result for you.

Time Limits

Important time limits may apply so Contact WorkLegal today.  We can help, wherever you work.

Concerned about unfair dismissal? Contact us for early advice.

1300 223 398

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Case Study – Unfair Redundancy

A financial services business held meetings with staff about measures to ensure the financial viability of the business.

Subsequently the business decided to reduce hours of some staff and make others redundant.  Later that day the business told an administrative employee that they selected her position for redundancy as she would receive a higher income on JobSeeker.

The employee lodged an unfair dismissal claim.  Her claim was successful for reasons including:

  • Her applicable modern award was not complied with because:
    • Information on changes were not provided in writing;
    • She was not consulted after a definite decision to make her position redundant was made;
    • There was no discussion with her about measures to avoid or reduce the adverse effects of the changes;
    • Unlike other employees she was not given the option of reducing hours;
  • Saying that she would be better off financially by pursuing JobSeeker was not proper consultation and suggested a decision had already been made.

Her dismissal was unfair and she was compensated for the JobKeeper pay she would have received until the office was closed down.

Rachel Freebairn v Dandiie Pty Ltd and others [2020] FWC 3915 (27 July 2020)  

Case Study – Unfair Work Direction

A worker was employed as a general hand.  His employer brought in fingerprint scanners to register workers when attending site.   The worker refused to use the fingerprint scanner because of concerns about the use and storage of his personal biometric information.  After giving him warnings the employer terminated his employment. 

The employee lodged an unfair dismissal claim.

The Fair Work Commission determined that he was unfairly dismissed as the employer’s direction to comply with the company policy was in breach of the Privacy Act and the employee was entitled to refuse to follow the direction.

Lee v Superior Wood Pty Ltd [2019] FWCFB 2946

Case Study – Workplace Culture and Fairness

A worker was a crew leader with a cash transportation business.   When starting work he was feeling frustrated by some personal issues.  After his work day started things did not get better for him – he was allocated a vehicle with some technical problems that delayed his run.  He was also frustrated with his work roster, and in the lunch room he swore and punched a roster board.  The employer asked him to explain his actions and told him his employment was in jeopardy.  He apologized but his employment was terminated.

The employee lodged an unfair dismissal claim. 

The Fair Work Commission determined that he was unfairly dismissed.  The FWC commented that although his swearing was inappropriate, swearing was not uncommon in the workplace.  Also although his physical violence was inappropriate, violence to an inanimate object is “in a different category” to violence against a person.  His otherwise good history and early apology were also taken into account.

Symes v Linfox Armaguard Pty Ltd [2012] FWA 4789

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Office: 155 Varsity Parade, Varsity Lakes, QLD 4217

Based in Gold Coast Queensland, we assist our valued clients wherever they are in Australia.