Unfair dismissal - what you need to know - Whitelaw McDonald Lawyers

Do you think you have been unfairly dismissed from your employment and you want to know your legal rights?

An unfair dismissal occurs in the following circumstances:

An employee was dismissed, and
the dismissal was harsh, unjust or unreasonable, and
the dismissal was not a case of genuine redundancy, and
The small business didn’t dismiss the employee consistently with the Small Business Fair Dismissal Code. (A small business employs fewer than 15 people).

You must lodge an application for an unfair dismissal remedy within 21 days of your dismissal; otherwise, the Commission may reject your application if your explanation for the delay isn’t satisfactory.

The Commission can award a maximum of 6 months’ wages for unfair dismissal, and it can also order that the employer reinstate a dismissed employee.

Unfair dismissal may also give rise to a Workers Compensation claim for psychological and/or physical injury.

If you would like to know more, get in touch with us at Whitelaw McDonald for an informal no obligation chat to learn your rights. Call us today at our Central Coast office (02) 4343 7000 or Newcastle office (02) 4941 8999.

NOTICE: This article is accurate at the time of publication and does not constitute legal advice. Please see our legal notices page for more information.

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