Every year, thousands of Western Australian workers ask the same question after a sudden termination: was that legal? The Fair Work Commission does not take anyone’s word for it, which is why evidence matters more than emotion once a claim is lodged- a point unfair dismissal lawyers in Perth raise with almost every new client.
This article gives a brief idea of the specific evidence the Fair Work Commission actually looks at, from written records to witness accounts, so you know what to start gathering today.
Under section 387 of the Fair Work Act 2009, the question of whether the dismissal was harsh, unjust or unreasonable is determined by the Fair Work Commission by consideration of an established list of factors.
The factors to be considered include the presence of a valid reason for the dismissal, communication of the reason for the dismissal, and the opportunity to respond.
Written records are usually the backbone of a strong application, and it’s a starting point most employment lawyers in Perth, WA insist on before anything else is discussed. Before you file, pull together everything relevant, even if some pieces feel minor.
Sometimes, a screenshot of your manager’s message can prove to be more useful than a lengthy written statement since it reflects the actual communication at that point in time rather than after several months have passed.
Those colleagues who witnessed the incident may prove just as helpful as documents. A brief witness statement by the one who was present at a disciplinary discussion is highly credible when presented before the Commission.
The unfair dismissal lawyers always make their clients draw up a list of all individuals who have any kind of information to share and try to get in touch with them as soon as possible.
Even where a valid reason existed, the way your employer handled the termination can still make it unfair. This is where records of the process matter as much as the reason itself.
Building this picture is a task that Perth lawyers in unfair dismissal cases turn on again and again, because procedural fairness is often where employers get caught out even when the underlying reason for dismissal was reasonable.
There are even situations where termination does not happen officially. However, in cases where you resigned due to unbearable conditions created by being demoted, harassed, or having your agreement broken many times, you might still have a case.
This is where advice from the best employment lawyers in Perth will determine whether your resignation will appear voluntary or coerced to the Commission.
Plenty of workplaces run on verbal instructions and informal chats, and not every unfair dismissal case arrives with a paper trail. Unfair dismissal lawyers in Perth WA know this is common, and the Commission does too. A detailed, consistent personal statement carries genuine weight, particularly when it lines up with the timeline of events and any witnesses you can find.
One detail worth knowing if you’re in Western Australia: whether the Fair Work Act even applies can depend on whether your employer is an incorporated company, since some unincorporated WA businesses sit outside the national system entirely.
None of this evidence matters if you miss the deadline. Applications must be lodged with the Fair Work Commission within 21 calendar days of your dismissal taking effect, using Form F2, and extensions are rarely granted outside exceptional circumstances.
Getting advice from an employment law firm early gives you time to gather evidence properly instead of scrambling in the final days.
Evidence is what transforms an annoying termination into something that the Fair Work Commission will be able to act on. Preserve all the related documents, take notes of everything you know, and try to identify all witnesses to the critical events.
Considering the fact that time is ticking away towards your deadline of 21 days, getting advice from the best unfair dismissal lawyers will make a difference in the effectiveness of your application.
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