While the requirements to dismiss an employee fairly are well-known; a valid reason which is sounds and defensible, consultation and natural justice, the practical application can be very difficult for both employers and employees. An employer must avoid giving the employee a rude shock by not consulting or not having a defensible reason, so needs advice. Otherwise an unfair dismissal claim is inevitable.
For an employee who has contributed much to the success of a business or enterprise, a token level of compensation from a poorly prepared unfair dismissal claim represents a second slap in the face, not justice. The Fair Work Commission provides advice on the process but it must not provide legal advice about the substance of a claim and does not do so. However many employees rely upon the Fair Work Commission as a source of legal advice only to be disappointed when they find out they’ve made the wrong claim which cannot be changed. Legal advice is usually available at a low cost and can deliver many benefits, not just better compensation.
Contact McDonald Murholme which has, over 30 years, helped more employees in unfair dismissal matters than anyone else.
Your Unfair Dismissal Lawyers and Fair Work Lawyers in Melbourne, Sydney, Canberra, Adelaide, Brisbane and Across Australia
McDonald Murholme have been unfair dismissal lawyers in Melbourne and across Australia for more than 30 years. Whether it’s straightforward unfair dismissal or more complex General Protection Claims, our team can assist you.
We have secured compensation for more employees than anyone else in the game.
Your employer will probably have a team of lawyers and an HR Department to fight your unfair dismissal claim. To even the playing field, you must get strategic advice.
Contact our Fair Work lawyers in Melbourne to discuss your claim.
Fair Work Legal Advice: Am I Eligible to File an Application for Unfair Dismissal?
Unfair dismissal eligibility isn’t always so straightforward. For example, high-income employees employed under an EBA can usually claim. The question is: is it worth their while?
The same applies to low-income employees who can readily find another job as it may not be worth their while. The safest thing is to take advice. McDonald Murholme requires payment for its advice, but it does offer free information on its Employment Law Online website. There are are free legal services that also provide advice.
McDonald Murholme can provide you with fast, straightforward Fair Work Legal advice at short notice. You will soon know if you are eligible to make a claim. We should be able to establish your eligibility in just 30 minutes.
If you would like to research the matter yourself, we recommend consulting our Fair Work Guide or the Fair Work Commission’s Benchbook.
When you lodge your unfair dismissal application, the Commission will consider the following criteria.
- Was the employee dismissed?
- Was the dismissal unjust, unreasonable, or harsh?
- If the dismissal involved redundancy, was it a genuine case?
- Was there a valid reason for the dismissal?
- Was the dismissal consistent with the Small Business Fair Dismissal Code?
If you meet all the relevant criteria, your situation may be considered an unfair dismissal.
Fair Work Lawyers for All of Australia
If you are considering lodging an unfair dismissal claim and you would like legal representation, the McDonald Murholme team can assist you. We pride ourselves on achieving the best possible results, and we complete a comprehensive brief, considering all the evidence before we take action.
McDonald Murholme is based in Melbourne, but we represent employees from across Australia. Whether you need unfair dismissal lawyers in Brisbane or Fair Work lawyers in Adelaide, we are here to assist you.
Contact Our Fair Work Lawyers in Melbourne
If you need Fair Work Lawyers in Sydney, Brisbane, Canberra, Melbourne, or across Australia, do not wait until it’s too late.
Contact McDonald Murholme before you lodge an unfair dismissal claim, and if possible, before you are even formally dismissed.
Our unfair dismissal lawyers can provide advice, services, and representation for you.
Get in touch with the employment lawyer who has acted for thousands of employees like you.
efficient and affordable service which is highly personalised.
The McDonald Murholme team is headed by Mr Alan McDonald.Contact Us
Employees covered by the national workplace relations system can apply to the Fair Work Commission for unfair dismissal if they have been terminated by their employer, or forced to resign because of something the employer did, and they have worked the minimum employment period. Browse through the most common frequently asked questions with unfair dismissal below.
Dismissal means that an employee’s employment has been terminated at the employer’s initiative, as distinct from at the employee’s initiative. An employee may also be deemed dismissed if they have resigned but were forced to do so by their employer.
Employees who are employed for a fixed-term and whose employment ends by reason of the end of the fixed term are deemed not to have been dismissed for the purposes of unfair dismissal. If a fixed-term contract is ended early the employee has been dismissed.
An employee is not considered to be dismissed if they were on a training arrangement that has come to an end.
Constructive dismissal occurs when an employee resigns but has been forced to do so by reason of their employer’s conduct. This can include a direction by an employer to resign, or a course that leaves the employee with no option but to resign.
Yes, termination occurs when a contract is ended by either party. If an employee believes a termination was in breach of the contract the employee can bring a claim for breach of contract.
Unfair dismissal means the specific rights employees hold under the Fair Work Act 2009 (Cth) to not be dismissed unfairly. More information regarding this Act can be found on the Fair Work Commission Website.
There is currently a 21-day time limit in making an unfair dismissal application, however, in particular, very limited circumstances, this time may be extended by the Fair Work Commission.
There are only particular circumstances where costs can be awarded by the Fair Work Commission. This is when the Fair Work Commission is happy that a party started or responded to the said application without reasonable cause, or that the application had no prospects for success.
Casuals are not generally protected from unfair dismissal. However, if the casual employee was employed on a regular and systematic basis and had a reasonable expectation of continuing the employment, then they may be eligible to make a claim.
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