Most people know that the Fair Work Act provides a right of compensation to unfairly dismissed employees. The Fair Work commission encourages dismissed employees to lodge their own claims. Where small amounts of compensation are sought, that is probably a good way to save costs. The annual report of the Fair Work Commission shows lots of people receive less than 3 weeks pay by way of compensation. Where there are higher claims for compensation, it is usually wise to engage lawyers because the more serious claims usually involve adverse action (General Protections claims) not merely unfair dismissal. For more than 20 years, McDonald Murholme has acted for more employees and won more compensation in unfair dismissal and General Protection claims than anyone else. Most employers have lawyers or HR Departments to fight a worker’s claim, so you must get strategic advice.
Am I eligible to file an application for unfair dismissal?
Eligibility is not as straightforward as you might think. Even high-income employees can claim in some circumstances. A 10-15 minute discussion with a lawyer should be sufficient to establish eligibility, or you can consult the bench book of the Fair Work Commission which is very helpful.
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 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 achieves top results because we insist on a full brief of evidence before we take action. However, do not wait until you are dismissed before you call McDonald Murholme.