Have you been dismissed from your job in an unjust, harsh or unreasonable way? If this is the case, there is a good chance that you may have been unfairly dismissed. Unfair dismissal in Australia is determined by the Fair Work Commission who ultimately decides if your dismissal falls under the category of harsh, unjust or unreasonable.
If you think that you have been unfairly dismissed from your job, you need to know how to proceed to ensure you have every chance of contesting your dismissal. Losing your job can be a difficult and stressful situation. Not only does being out of work have a huge impact on your life in the short-term but being dismissed from your job could also make it more difficult to find work going forward. The good news in Australia, employment law is robust and is designed to protect workers from a host of on-off offences for various disciplinary issues. Having an understanding of how to proceed after an unfair dismissal will ensure that you get the best possible outcome from your situation.
Continue reading to learn more about what you should do if you think that your employer has unfairly dismissed you.
Take Action Quickly
Claims of unfair dismissal must be submitted to the Fair Work Commission within 21 days of your termination. You must act fast if you think that you may have been unfairly dismissed so that you have time for your case to be addressed. While you might be hesitant to move forward with your unfair dismissal claim, you should not wait too long to decide what you want to do. The longer you wait, the more limited your options are and the higher the chance that you will have to accept your dismissal, whether it was fair or otherwise.
Complete The Correct Paperwork
To file an unfair dismissal claim with the Fair Work Commission, you will need to complete ‘Form F2 – Unfair Dismissal Application’. This form can be found on the Fair Work Commission website where you can lodge an application online or download and print the form to submit by post. Accompanying your application, you will need details of your employment, your employer’s legal name, dismissal letter, the reasons you think your dismissal was unfair and information regarding any representation you have, legal or otherwise. You will also need to pat the $74.50 fee unless you are eligible for a fee waiver.
Once your application has been submitted, it will be reviewed by a case manager to ensure it is ready for the Commission’s process to begin. The case manager will not be able to help you with any questions about your dismissal, how to complete your application or to answer any other queries you may have about your case. If you have questions about your case, you will need to seek out legal advice yourself.
Going Through The Process
As soon as the case manager has finished going through your application, a copy will be sent to your employer. They will have an opportunity to respond to your unfair dismissal claim, which they must present to both you and the Commission. A commission conciliator will step in to try and help both parties come to a resolution. If a resolution cannot be met it will go to a formal hearing where a Member of the Commission will decide the outcome of your case.
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Ensure You Take The Right Steps If You Have Been Unfairly Dismissed
If you have lost your job and you think that your dismissal was harsh, unjust or unreasonable, you may have been unfairly dismissed. If this is the case, be sure to act quickly so that you submit your application on time and that you can follow the correct procedures. Australian unfair dismissal laws are there to protect you so be sure that you get the right advice, to pursue your case with confidence.