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Understanding Unfair Dismissal
The Fair Work Act 2009 protects eligible employees from unfair dismissal. A dismissal may be considered unfair if there was no valid reason related to conduct or performance, if procedural fairness was not followed, or if the outcome was disproportionate.
To pursue a claim, the employee must meet eligibility criteria, including minimum employment periods and earnings thresholds where applicable.
Applications must generally be lodged with the Fair Work Commission within 21 days of dismissal. The Commission will consider whether there was a valid reason, whether the employee was notified and given an opportunity to respond, and whether the dismissal was procedurally fair.
Remedies may include reinstatement or compensation.
When You Need an Unfair Dismissal Lawyer
Legal advice is important when:
- You have been dismissed without warning
- You were not given an opportunity to respond to allegations
- The dismissal followed a workplace complaint or dispute
- You are unsure whether you meet eligibility requirements
- You are an employer responding to an unfair dismissal claim
- A Fair Work Commission conciliation has been scheduled
- There is a dispute about redundancy or performance management
Time limits are strict and rarely extended.
Our Legal Services in Unfair Dismissal Matters
We act for employees and employers in dismissal matters, including:
- Unfair dismissal applications
- Fair Work Commission representation
- Conciliation advocacy
- Jurisdictional objections
- Redundancy disputes
- Settlement negotiations
Our Approach to Unfair Dismissal Matters
We assess eligibility and limitation periods at the outset. Evidence relating to performance management, warnings, redundancy processes and procedural fairness is carefully reviewed.
For employees, we analyse whether a valid reason existed and whether the process complied with statutory requirements. For employers, we assess risk exposure and prepare evidence to demonstrate procedural fairness and operational justification.
Conciliation is approached strategically, with a clear understanding of potential compensation ranges and reinstatement prospects. Where matters proceed to hearing, we prepare submissions and evidence with precision.
Why Choose Maguire & McInerney
Maguire & McInerney advises on unfair dismissal claims across a range of industries. Our approach is grounded in a detailed understanding of the Fair Work Act and Fair Work Commission procedure. We provide clear advice on eligibility, evidence and risk, supported by transparent fee structures.
If you are facing dismissal or responding to a claim, contact our team promptly to protect your position.
Steps To Get Started
FAQs
Yes. An employer may defend the claim by demonstrating a valid reason for dismissal and compliance with procedural fairness requirements.
In some cases involving serious misconduct, summary dismissal may be lawful. In most other circumstances, warnings and procedural fairness are required.
An application must generally be lodged with the Fair Work Commission within 21 days of dismissal.
Compensation is capped under the Fair Work Act and depends on factors such as length of service and financial loss. Reinstatement may also be ordered.
A dismissal may be unfair if it was harsh, unjust or unreasonable, including where there was no valid reason or procedural fairness was not followed.
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