Unfair dismissal – what you need to know

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
• where the employee was employed by a small business, the dismissal was not consistent with the Small Business Fair Dismissal Code (a Small business is a business that employs fewer than 15 people).

An application for unfair dismissal remedy must be lodged within 21 days of your dismissal, otherwise your application may be rejected if your explanation for the delay is not satisfactory.    

The maximum amount of compensation payable for an unfair dismissal is 6 months wages, and an order can be made that a dismissed employee be reinstated.

When a person is unfairly dismissed this 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.