Unfair Dismissal
& Termination
Losing your job is one of the most stressful experiences a person can face. Under the Fair Work Act 2009, employees are protected from dismissals that are harsh, unjust, or unreasonable — or where a fair process was not followed. If your employer got it wrong, you have the right to challenge it before the Fair Work Commission. Atlas Lawyers Employment acts swiftly to protect your rights, meet critical deadlines, and pursue every available remedy on your behalf.
Unfair dismissal applications must be lodged within 21 days of your dismissal taking effect. Missing this deadline will almost certainly bar your claim entirely. Contact us on the day you are dismissed.
What Makes a Dismissal Unfair?
- No valid reason connected to your conduct or capacity
- No advance notification or opportunity to respond to concerns
- Refused permission to bring a support person to meetings
- Dismissal was disproportionate to the conduct alleged
- Small business employer failed to follow the Fair Dismissal Code
- Procedural fairness was not observed at any step of the process
Eligibility Requirements
- Employed for at least 6 months (12 months for small businesses under 15 employees)
- Earnings below the high-income threshold OR covered by an Award or enterprise agreement
- Dismissal was not a genuine redundancy
- Not a casual employee unless employed on a regular, systematic basis
- Not otherwise excluded by law (e.g. independent contractor, State servant)
Remedies Available
Ready to Take Action?
Time is critical. Contact Atlas Lawyers Employment today and we'll assess your case on the spot.