Understanding Unfair Dismissal In Adelaide
Did you know that, as an employee, you’re protected from unfair dismissal by the law? For many workers in Australia, unfair dismissal is one of their biggest concerns. Between 2021 and 2022, 38 percent of claims received by the Fair Work Commission were those of unfair dismissal: that’s over 13,000 claims.
Don’t worry, though, because you have the option to file a complaint with the Fair Work Commission. We’ll tell you what to know about unfair dismissal in Adelaide, its examples, and who can file a claim for it.
What is Unfair Dismissal?
When you’re dismissed from a job, your employer is telling you that you don’t work for them anymore. This can include firing you without warning or because you’re not performing your job at the standard required.
However, it’s not a dismissal just because your employer didn’t offer a new contract when your old one ended, or if you were only employed for seasonal work. It’s also not a dismissal if your contract isn’t renewed after completing a specific task.
Examples of Unfair Dismissal
Dismissals aren’t always unfair; these types of dismissals are defined as harsh, unreasonable, and/or unjust. A harsh dismissal means that the action was an excessive response to the situation. Meanwhile an unjust dismissal is when the employee isn’t guilty of the action they’re being dismissed for. Lastly, an unreasonable dismissal means that the evidence doesn’t support the employer’s decision to dismiss you.
Filing a Complaint with the Fair Work Commission
If you’re a private sector employee who has faced unfair dismissal, you can file a claim with the Fair Work Commission under the 2009 Fair Work Act. Just remember that you need to submit an application within 21 days of the dismissal. That’s why we recommend seeing a legal professional as soon as possible to avoid any delays.
After receiving an unfair dismissal claim, the commission will contact your employer and notify them. Then, they’ll invite both parties so they can come to an agreement and resolve the issue without the need for a hearing.
If that doesn’t address the problem, the Commission will proceed with a determinative conference or a hearing. Then, the Commission will decide whether the dismissal was unfair. If that’s the case, it may order that you be reinstated to the position. Or, it may require that you be paid compensation.
Who Can’t Claim Unfair Dismissal
According to section 382 of the 2009 Fair Work Act, some employees can’t file a claim for unfair dismissal with the Fair Work Commission. This includes apprentices who work under training contracts.
It also includes casual employees who don’t have set hours and workers who aren’t covered by an aware and have a yearly salary (plus bonus) package that’s higher than the high-income bracket. Nevertheless, we still recommend consulting an experienced local legal team. Our specialists will evaluate the details of your dismissal before determining your eligibility for a claim.
Seek Legal Advice for Unfair Dismissal in Adelaide
Employees from all kinds of sectors and industries are vulnerable to unfair dismissal. It’s when you’re removed from a position in an unreasonable and unjustifiable way. And if you’re a private sector employee, you can file an unfair dismissal claim with the Fair Work Commission under the Fair Work Act. But how will you know if you have an eligible claim? The best way to be sure is to speak with legal professionals! Our experienced legal team can help you navigate your unfair dismissal claim in Adelaide.
