Have you been dismissed?
It can be a difficult and a daunting experience to lose your job and even more challenging if you believe it, was an unfair dismissal.
If you work in the private sector in New South Wales and you believe that you were unfairly dismissed or were forced to resign due to your employers’ actions, you can file an unfair dismissal claim with the Fair Work Commission.
It is important to know that there is a strict time limit of 21 days to submit such a claim.
Who can make an unfair dismissal claim?
To be eligible to lodge an unfair dismissal claim, you must:
- be an employee within the private sector in NSW;
- be covered by the national workplace relation system;
- have been employed for at least 6 months in a large business or 12 months in a small business; and
- have been earning less than the high-income threshold.
What evidence do I need to make an unfair dismissal claim?
It is essential to gather as much evidence as possible to support your claim, this may include emails, performance reviews, witness statements, or other documentation that supports your case. Additionally, keeping a written record of all conversations or meetings with your employer related to your dismissal can be helpful to your claim.
What is the process for unfair dismissal claims?
Once an application has been filed, the Fair Work Commission will hold an optional conciliation meeting between the employer and the employee. If the matter is not resolved at the conciliation stage, it will proceed to a hearing or a determinative conference before a member of the Fair Work Commission. The member will make a decision on whether the dismissal was unfair or not. For more information visit The process for unfair dismissal claims.
How can we help?
If you believe that you have an unfair dismissal claim, National Employment & Labour Lawyers have a dedicated team who can assist you with your employment matters. We offer a free and confidential initial consultation, where we can discuss your situation and provide you with tailored advice. Get in touch with us today!
Related articles:
- Employees rights are protected by law in Australia and one of them are protection against unfair dismissal as covered in our article Employee Rights In Australia: What You Need To Know.
Disclaimer: The information contained in this article is of a general nature and is not intended to be relied upon as, nor to be a substitute for, specific legal or professional advice.
