Demystifying Unfair Dismissal Claims: Empowering Employees and the Role of Employment Lawyers

July 4, 2023    Employment Lawyers
Demystifying Unfair Dismissal Claims: Empowering Employees and the Role of Employment Lawyers

Under the jurisdiction of the Fair Work Commission (FWC), the right to claim unfair dismissal holds significant importance for employees In the complicated world of employment law.


We shall explore the concept of this right, understanding the various types of unfair dismissal, the circumstances under which a fair work commission employee can claim unfair dismissal, and the specific and vital role and profound significance of employment lawyers in Perth.


What is Unfair Dismissal?


Unfair dismissal is a concept deeply rooted in the field of employment law and refers back to the act of terminating an employee’s settlement in a way that is deemed unjust or unfair. It happens when an agency decides to give up the employment of an individual without valid or reasonable grounds, thereby infringing upon the phrases and conditions of their working agreement.


The repercussions of unfair dismissal may be great, often leading to emotional misery and severe economic pressure for the affected employee.


The essence of unfair dismissal lies in its contradiction to the fundamental ideas of fairness and equality inside the workplace. It represents a violation of a worker’s rights and can affect their livelihood and future expert endeavours.


Although the specific interpretations of unfair dismissal may additionally differ throughout jurisdictions due to the different labour laws and policies in the region, the main goal stays constant: safeguarding employees from arbitrary or discriminatory dismissals.


Cases of unfair dismissal can happen in various forms; it may entail termination primarily based on discriminatory elements, like a worker’s race, gender, age, faith, incapacity, or sexual orientation, actions which can be extensively considered both unlawful and unethical.


Other instances of unfair dismissal contain scenarios in which a worker is fired for exercising their legal rights, like whistleblowing activities or joining a trade union. Furthermore, brushing off an employee without sticking to proper procedures, which includes failing to provide adequate notice or neglecting to conduct an honest investigation, can also constitute unfair dismissal.


When workers believe they have fallen victim to unfair dismissal, they have the right to challenge their termination through legal process. This procedure may involve submitting a proper complaint with a labor authority or pursuing the matter in an employment tribunal or court. Should their case prove successful, the affected worker will be entitled to various remedies, reinstatement to their previous role, repayment for lost wages, or other forms of redress.


Types of Unfair Dismissal:


Unfair dismissal includes various scenarios where a worker is terminated from their activity in a manner that violates their rights or contradicts legal rules. It is important to recognize the special sorts of unfair dismissal to ensure that people are familiar with the information vital to navigate the complexities of employment relationships. Let us delve into the details, exploring their nuances and implications.


  • Wrongful Termination:

Wrongful termination happens when an employee is dismissed in violation of their employment settlement or contradiction of statutory protections. This unfair dismissal can arise when an enterprise terminates an employee without a valid reason or fails to follow the proper termination procedures mentioned in the employment settlement.

  • Constructive Dismissal:

Constructive dismissal refers to situations where a worker is pressured to resign due to the business enterprise creating an intolerable work environment or breaching fundamental terms of the employment settlement. This dismissal arises when an organization’s moves or conduct make it impossible or unreasonable for the worker to keep operating, leaving them and not using a preference to resign.

  • Unfair Redundancy:

Unfair redundancy occurs when an employee is brushed off because their position is deemed redundant, but the redundancy system is conducted unfairly. This can also include failing to discover alternative job opportunities within the company, no longer presenting adequate consultation or notice periods, or selecting employees for redundancy based on discriminatory factors.

  • Constructive dismissal due to a Fundamental Breach:

In a few cases, a fundamental breach of the employment contract by the employer can lead to a constructive dismissal. This occurs when the employer’s actions undermine the employment relationship, like unilaterally reducing the employee’s pay, changing their job responsibilities without proper justification, or subjecting them to harassment or abuse.


Employees regularly turn to the Fair Work Commission (FWC) for a decision when it involves claiming unfair dismissal. Understanding the situations under which a worker makes such claims is important in defending their rights in employment law.


Grounds for Unfair Dismissal Claims


Employees may lodge an unfair dismissal claim with the Fair Work Commission if they meet certain standards. These standards generally consist of the following:

  • Employment Period:

A worker who has finished a minimum period of employment, referred to as the minimum employment duration then he is eligible for this criteria for claim. The duration of this period may vary depending on the requirement of the company’s business.

  • Coverage:

Employees must be protected by unfair dismissal laws. Generally, maximum employees in Australia are protected, except for certain groups of employees like casual employees or the ones engaged for a fixed-term contract.

  • Termination:

The dismissal itself ought to be considered unfair. This includes various cases, such as being terminated without a legitimate purpose, unfairly selected for redundancy, or disregarded because of discriminatory issues.


The Role of Employment Lawyers


Employment lawyers play an essential role in the context of unfair dismissal claims. Their knowledge and information of employment law permit them to offer precious steering and support to personnel during the whole technique. Here’s why employment lawyers in Perth are vital:

  • Legal Advice:

Perth Employment lawyers deeply understand employment rules, rules, and precedents. They can assess the merits of an unfair dismissal claim and offer comprehensive legal advice tailor-made to the precise necessities of the case.

  • Case Preparation:

Unfair dismissal lawyers Perth help employees collect and arrange proof to support their claims, including employment contracts, termination letters, performance appraisals, and witness statements. They ensure the essential documentation is in order and form a strong case on behalf of their clients.

  • Representation:

Employment legal professionals can represent employees during conciliation or hearings on the Fair Work Commission. They are professional in providing arguments, cross-examining witnesses, and advocating for their client’s rights and interests.

  • Negotiation and Settlement:

Unfair dismissal lawyers are adept at negotiation and might discuss options with the employer or their legal representatives to find a mutual agreement. Their goal is to secure the best possible outcome for their customers, whether it is through reinstatement, compensation, or other remedies.

  • Procedural Compliance:

Perth employment lawyers ensure that each one’s procedural requirements and closing dates are met, preventing any possibility of failures that would jeopardize the worker’s claim.




The Fair Work Commission allows employees to lodge unfair dismissal claims, provided they meet the eligibility standards. With their expertise in employment law, employment legal professionals are essential in guiding employees through this method.

From providing legal advice and making ready a strong case to representing clients and negotiating settlements, employment lawyers Perth WA provide valuable help, ensuring that the employee’s rights are covered, and justice is pursued.

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