Unfair Dismissal occurs when an employer has performed an adverse action against an employee. An adverse action can occur when the employee is dismissed from their job in an unjust or unreasonable manner.  There is legislation that employees can rely upon when an adverse action has occurred. Specifically, this legislation is referred to as the Fair Work Act.

Furthermore, if an employee feels that they have been Unfairly Dismissed, they can make an application to the Fair Work Commission. However, this application will be required within 21 days of the dismissal taking place.

You cannot make a claim for unfair dismissal if you have been an employee for less than 6 months or an employee of a small business for at least 12 months.

If you are an employee and feel you have been Unfairly Dismissed, give Adams and Partners a call on 02 4721 6200.

If you are an employer and have received an application from an employee for Unfair Dismissal, we can also help you.

Written by David Hampton


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