What makes a dismissal “unfair”?
A dismissal may be unfair if it was harsh, unjust or unreasonable — for example, no valid reason related to your capacity or conduct, no warning about performance concerns, or no real opportunity to respond. A redundancy that was not genuine can also ground a claim.
Not everyone can bring a claim: there is a minimum period of employment (6 months, or 12 months with a small business) and an income threshold for employees not covered by an award or enterprise agreement.
Forced to resign?
If your employer’s conduct left you no real choice but to resign, that can amount to a constructive dismissal — and the same rights and deadlines apply. Get advice before you sign anything, especially a deed of release.
What you can claim
- Reinstatement to your job, which the law treats as the primary remedy, or
- Compensation where reinstatement is not appropriate, capped at 26 weeks’ pay or half the high income threshold, whichever is less;
- Separately: unpaid wages, leave and entitlements can be recovered. A general protections or discrimination claim may be another option, but you generally cannot run more than one dismissal claim for the same dismissal, and some have different deadlines, so get advice on which to bring.
What to do this week
- Write down the timeline of what happened while it is fresh, and keep any letters, texts or emails about your dismissal.
- Do not sign a deed of release without advice.
- Call us — we will tell you honestly whether you have a claim. If we do not think you do, we will say so.
Dismissed, or pushed into resigning? See how we help with unfair dismissal and other employment law problems.