An employee may claim unfair dismissal under the Fair Work Act 2009 when the employee is dismissed and the dismissal was harsh, unjust or unreasonable.
Employees may be able to claim up to 6 months compensation from their employer and reinstatement back into their position if covered by the unfair dismissal protections under the Fair Work Act 2009.
An employee is covered for unfair dismissal under the Fair Work Act 2009 if they:
a) Were employed by a national system employer (corporation);
b) Were employed for the minimum employment period (6 months for employers with 15+ employees and 12 months for employers with less than 15 employees);
c) earned less than the high income threshold; or
d) earned more than the high income threshold, there employment was covered by a Modern Award or Enterprise Agreement.
Employees will have 21 days from the date of dismissal to lodge an unfair dismissal with the Fair Work Commission.
Our lawyers have a significant amount of experience defending employers against unfair dismissal claims in the Fair Work commission.
Employees may be able to make a general protections claim against an employer where they have raised a workplace right (for example personal leave, maternity leave ect) and because they raised a workplace right, the employer takes adverse action (for example dismissal, redeployment, demotion ect) against them.
The compensation for general protections claims is uncapped and can attract financial penalties as well as damages for unpaid wages, distress, hurt and humiliation. Therefore, it is highly advisable to seek legal advice if you are facing such a claim.
The general protections under the Fair Work Act 2009 are very broad claims and can be made by employees, prospective employees, Independent contractors and persons who are the recipient of adverse action taken by a constitutionally covered entity.
Employees may be protected by the general protections regardless of the amount of time they have been working for the employer.
Our lawyers provide representation and advocacy services to employers facing general protection claims in the Fair Work Commission and Federal Court of Australia.
At Workwise Employment Lawyers we only advise in workplace law. Our commitment is to provide you and your business with the very best advice and support possible, so you’re empowered to make the best decisions for your circumstance.
