Making an Unfair Dismissal Claim
Unfair dismissal claims are dealt with by the Fair Work Commission under the provisions of the Fair Work Act 2009 (Cth). If you believe you have grounds for making an unfair dismissal claim, please contact one of our employment lawyers urgently – you must lodge your claim within 21 days after you’ve been dismissed.
If you are outside the 21 day application period, we still may still be able to assist you in making a claim if the Fair Work Commission can be satisfied that there are exceptional circumstances that provide a reason for the delay.
For example, whether you became aware of the dismissal after its effect, any actions taken by you to dispute the dismissal, prejudice to your employer, and the merits of your application.
A dismissal will be deemed unfair if it was “harsh, unjust or unreasonable”. You may also be deemed as “unfairly dismissed” if you were forced to resign because of the conduct or a course of conduct by your employer.
Please contact Hillhouse Burrough McKeown lawyers for further advice on making an unfair dismissal claim.