It’s no secret that losing your job is a stressful thing, but what’s even worse is being terminated early. Unfair dismissal is a common issue that many Australian employees face each year, but you don’t have to face it alone. The Fair Work Act offers important protections to employees against unfair dismissal, ensuring that workers are treated fairly and have avenues for recourse.
What is Unfair Dismissal?
Unfair dismissal occurs when an employer fires an employee in a way that is harsh, unjust, or unreasonable. The dismissal might be considered unfair if it doesn’t meet certain criteria under the Fair Work Act, including:
- Lack of valid reason: The dismissal may be unfair if the employer fails to provide a legitimate reason for firing the employee. This can include personal issues rather than job performance or business needs.
- Failure to follow proper procedure: Employers must follow a fair dismissal process. This includes allowing the employee to respond to any concerns or allegations and ensuring they are given a chance to improve their performance if the issue is work-related.
- Discriminatory reasons: Dismissal due to discrimination, such as age, gender, race, disability, or pregnancy, is also a form of unfair dismissal.
- Retaliation for exercising rights: If an employee is dismissed for asserting their workplace rights, such as making a complaint or joining a union, this could also be classified as unfair dismissal.
Steps to Take After Unfair Dismissal
If you’ve been unfairly dropped from your job, remember that you’re not tackling it all alone. Your union can guide you through the steps to take in the event of unfair dismissal.
- Assess the Situation: If you’ve been dismissed, think about whether the dismissal meets the criteria for unfair dismissal. Look for legitimate reasons, fair processes, and any discriminatory factors at play.
- Seek Advice: If you’re unsure about whether your dismissal was unfair, it’s a good idea to seek advice from a union or legal professional. Your union offers helpful advice regarding unfair dismissal, redundancy, and discrimination protections, and provides resources to help you understand your rights better.
- File a Claim: For Australian employees, you can file a claim for unfair dismissal with the Fair Work Commission within 21 days of being dismissed. The Commission will assess your case and determine whether the dismissal was fair or not.
- Keep Records: Keep any documentation or communication related to your dismissal, such as emails, performance reviews, or written warnings. These records can serve as crucial evidence if your case proceeds to the Fair Work Commission.
- Explore Remedies: If your dismissal is found to be unfair, the Fair Work Commission may order remedies such as reinstatement (getting your job back) or compensation for lost wages.
How Can Unions Help?
Unions play an essential role in protecting workers from unfair treatment in the workplace. If you’re a union member, your union can provide valuable support and assistance if you’ve been unfairly dismissed. This support can include advice on your legal rights, assistance with filing a claim, and even representation at the Fair Work Commission.
