Unfair Dismissal laws even the playing field between workers and companies and can provide vulnerable workers with a much-needed platform to seek redress for their dismissal. The outcome of Unfair Dismissal applications will reflect a consideration and balancing of the worker’s interests against the company’s interests; everyone will get a fair go.
Unfair Dismissal will have occurred when a worker has been dismissed from their job and that dismissal was harsh, unjust or unreasonable, and was not in fact a case of genuine redundancy where the company no longer requires the person’s job to be performed by anyone.
a worker’s resignation was forced by the conduct of the company or the worker was given no practical option but to resign.
any other matters the Commission sees as relevant.
If a worker’s application is successful, a remedy that he or she may receive may be reinstatement of their previous job. If reinstatement is not appropriate, the worker will receive compensation for their lost income.
Simply because litigation has arisen as a result of dismissal is not enough to amount to being inappropriate to reinstate (Wark v Melbourne City Toyota (1999)). If a worker is granted an order for reinstatement, he or she will be appointed to their former position, or a new position where the terms and conditions of that position are no less favourable than that former position.
If you feel that you have been unfairly dismissed from your job and wish to make an application to the Fair Work Commission, as a general rule, you have 21 days after the date of dismissal to do so. Should you require assistance or advice at any stage of your application to the Fair Work Commission, MKI Legal’s experience in employment relations disputes means your situation will be handled cost-effectively and efficiently to limit any further financial and emotional strain of being dismissed from your job.