McDonald Murholme is the leading employment law firm for employees located across Australia

What Classifies An Unfair Dismissal?

Unfair Dismissal Lawyers

Most people know that the Fair Work Act provides a right of compensation to unfairly dismissed employees.

Most employers have lawyers or a HR Department to fight a worker’s claim. The principal remedy under the Act is reinstatement but this only occurs in very few cases. Without proper representation most dismissed employees receive no compensation or up to $5,000.

It is reasonable therefore for unfairly dismissed employees to utilise legal advice and support in making and prosecuting the claim. McDonald Murholme usually achieves results in excess of $15,000 compensation.

Am I Eligible to File an Application for Unfair Dismissal?

An unfair dismissal occurs where an employee makes an unfair dismissal application and the Fair Work Commission finds that:

  • The employee was dismissed, and
  • The dismissal was harsh, unjust or unreasonable, and
  • The dismissal was not a case of genuine redundancy, and
  •  The dismissal did not have a valid reason, and
  • Where the employee was employed by a small business, the dismissal was not consistent with the Small Business Fair Dismissal Code.

If you are interested in having legal representation at the Fair Work Commission, McDonald Murholme offers a low cost no win no fee option (subject to conditions).

However, don’t wait until you are dismissed before you call McDonald Murholme.

We achieve top results but only because we insist on a full brief of evidence before we take action.

Fill out the form below to speak with one of our employment lawyers.

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