Unfair Dismissal
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At Solidarity Solicitors, we provide strategic, trauma-informed advice and representation for workers. We understand that these experiences can have a profound impact on your wellbeing, career, and financial security, and we work alongside our clients to achieve practical and meaningful outcomes.
Everyone deserves to be treated with dignity and respect at work. If you have been treated unfairly because of who you are, what you believe, or because you exercised a workplace right, you may have legal protections available.
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What is Unfair Dismissal?
Unfair dismissal happens when an employee loses their job in a way that is harsh, unjust, or unreasonable.
This can include being dismissed:
without a valid reason
without a fair process
or without an opportunity to respond to concerns.
Example scenario:
Alex raises concerns about unsafe work practices with their manager.
A few weeks later, they are told their employment is ending because they are "not the right fit." No one had previously raised concerns about their performance, and they received little explanation for the decision.
In some circumstances, a resignation may still be considered a dismissal if an employer's conduct effectively forced the employee to leave
Jordan's manager repeatedly cuts his shifts, excludes him from workplace communications, and pressures him to leave. Feeling he has no real option but to resign, Jordan submits his resignation.
In some circumstances, a resignation may still be considered a dismissal if an employer's conduct effectively forced the employee to leave.
Example scenario:
Priya is called into a meeting and informed that her performance is not meeting expectations. During the same meeting, she is dismissed. Before this, she had not received any formal warnings, feedback, or opportunity to address the concerns.
Where dismissal is related to performance, the Fair Work Commission may consider whether the employee was warned about performance issues and given an opportunity to improve.
Everyone deserves to be treated fairly at work, and the Fair Work Act 2009 (Cth) provides protections against unfair dismissal.
It's against the law for an employer to treat you unfairly because you've spoken up.
This unfair treatment can include:
Being fired
Having your hours cut
Being demoted
Missing out on opportunities or being treated differently at work.
The law protects workers who speak up about problems like discrimination, unsafe work, or unpaid wages.
Time Limits Can Apply!
In some circumstances, workers may have as little as 21 days to commence certain legal processes following dismissal.
Seeking advice as early as possible can help preserve your rights and options.
How we can help:
If you've experienced discrimination, we're here to listen and help you understand your options.
Our team provides trauma-informed, practical legal advice and will support you every step of the way.
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Latest Updates
Principal Solicitor Laura Blandthorn’s recent presentation at Clarence last month, offered a practical overview of gendered violence in the workplace, highlighting how it shows up in everyday behaviours and who it impacts. Creating safer, more respectful workplaces requires proactive, collective action backed by clear legal obligations. Read more to understand your rights as a worker and how you can contribute to making a safer workplace.