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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.

unfair dismissal lawyers

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.

Our clients' satisfaction is pivotal to our own success.

  • July 2020

    I wouldn't hesitate to recommend McDonald Murholme. From the initial consultation, right through to the resolution process, the entire team was supportive, knowledgable and approachable and made what can be a difficult situation much easier. Specifically Trent and Alexandra provided a high level of service, and engaged with me in a very personable manner. I am extremely satisfied with the service I received.

  • July 2020

    I couldn't recommend the team from McDonald Murholme more. Mr Sam Nottle was efficient, professional and achieved a wonderful result. If you are questioning whether to go ahead with an employment matter legally, I would urge you to do so. The team at McDonald Murholme made the process easy & reduced all of my anxiety and stress. Thank you again, Mr Nottle & team, I can't express my appreciation enough.

  • June 2020

    I found Arthur Hambas & Katherine Boyles extremely professional & compassionate in my dealings with them. After telling Arthur that I felt the details surrounding my redundancy felt wrong he took on my case & secured me a better payout from my employer. I would not hesitate to recommend Mcdonald Murholme to anyone that has a feeling that something isn't quite right. I greatly appreciate everything you did.

  • May 2020

    Extremely happy with the service received from all the staff members i had to deal with. The lawyer allocated for my case (Michael Kriewaldt) was extremely professional and handled the case very smoothly. Highly recommend their services.

  • May 2020

    I found Arthur Hambas & Katherine Boyles extremely professional & compassionate in my dealings with them. After telling Arthur that I felt the details surrounding my redundancy felt wrong he took on my case & secured me a better payout from my employer. I would not hesitate to recommend Mcdonald Murholme to anyone that has a feeling that something isn't quite right. I greatly appreciate everything you did.

  • April 2020

    The solicitors at the firm were very prompt and actioned my complaint against my employer very quickly. I obtained the result I wanted, in fact, I got a better result than what I had originally asked for. I was very pleased with the results and would highly recommend McDonald Murholme.

  • March 2020

    I would like to say that McDonald Murholme have treated me with nothing but professionalism and also great service. Trent, a principal in the firm is attentive to your needs and will ensure your case is handled with care and mindful consideration to all parameters involved.

Unfairly Dismissed?

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Unfair Dismissal Frequently Asked Questions

Employees covered by the national workplace relations system can apply to the Fair Work Commission for unfair dismissal if they have been terminated by their employer, or forced to resign because of something the employer did, and they have worked the minimum employment period. Browse through the most common frequently asked questions with unfair dismissal below.

What is the definition of dismissal?

Dismissal means that an employee’s employment has been terminated at the employer’s initiative, as distinct from at the employee’s initiative. An employee may also be deemed dismissed if they have resigned but were forced to do so by their employer.

Employees who are employed for a fixed-term and whose employment ends by reason of the end of the fixed term are deemed not to have been dismissed for the purposes of unfair dismissal. If a fixed-term contract is ended early the employee has been dismissed.

An employee is not considered to be dismissed if they were on a training arrangement that has come to an end.

What is constructive dismissal?

Constructive dismissal occurs when an employee resigns but has been forced to do so by reason of their employer’s conduct. This can include a direction by an employer to resign, or a course that leaves the employee with no option but to resign.

Is there a difference between unfair dismissal and termination?

Yes, termination occurs when a contract is ended by either party. If an employee believes a termination was in breach of the contract the employee can bring a claim for breach of contract.

Unfair dismissal means the specific rights employees hold under the Fair Work Act 2009 (Cth) to not be dismissed unfairly. More information regarding this Act can be found on the Fair Work Commission Website.

Is there a time limit for making an unfair dismissal application?

There is currently a 21-day time limit in making an unfair dismissal application, however, in particular, very limited circumstances, this time may be extended by the Fair Work Commission.

Are there costs that can be awarded in an unfair dismissal case?

There are only particular circumstances where costs can be awarded by the Fair Work Commission. This is when the Fair Work Commission is happy that a party started or responded to the said application without reasonable cause, or that the application had no prospects for success.

Do casual employees get Unfair Dismissal rights and benefits?

Casuals are not generally protected from unfair dismissal. However, if the casual employee was employed on a regular and systematic basis and had a reasonable expectation of continuing the employment, then they may be eligible to make a claim.

Speak to an employment lawyer who has acted for thousands of employees like you.

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