What Counts as Wrongful Dismissal – And What Can You Do About It?

August 6, 2025    Employment Lawyers
What Counts as Wrongful Dismissal – And What Can You Do About It?

Losing your job can be stressful, especially if it feels unfair. If you believe your employer has let you go without a valid reason, you might be dealing with wrongful dismissal.

 

In order to get you through this situation, this blog explains what wrongful dismissal means and the steps you can take to protect your rights.

 

What is Wrongful Dismissal?

Wrongful dismissal is an unjustified termination of the employee or a lack of adherence to the legal procedures, where the notice, or adhering to the terms of the contract, or discharging the employee based on unethical grounds. In Australia, all employed persons have workplace protection rights. Any violation of this treatment might result in dismissal as something wrongful.

 

When Is a Dismissal Considered Wrongful?

Your dismissal may be wrongful if any of the following incidents have happened:

  • You have not been paid the notice or pay you were entitled to
  • The amount of your pay and the notice were not given to you
  • You lost your job following your complaint over workplace rights
  • You have been victimised due to taking off or calling unsafe work
  • You were terminated because of discrimination or prejudice

If this sounds familiar, speaking with employment lawyers Perth WA may help you understand your options.

 

Legislative View

Most of the Australian employees are protected from such occurrences by the Fair Work Act 2009. It stipulates that dismissals should be justifiable and should be made by proper procedures. Along with that, employers cannot dismiss someone for personal complaints, illness, age, race or exercising legal rights at work.

 

However, you must also have worked for a minimum of 6 to 12 months to qualify for this protection.

 

Under the law, you cannot be terminated for these reasons:

  • Reporting a workplace complaint
  • Ask for flexible working or go on maternity leave
  • Illness or accident
  • Race, gender, age, religion or sexual orientation

In case you do not know whether the law was adhered to by your employer or not, a wrongful termination lawyer can help you explore your legal options.

 

Steps to Take After a Wrongful Dismissal

In case you feel that you are a victim of wrongful termination, do not delay. You will not be able to claim with the Fair Work Commission unless you do it within 21 days after your dismissal date. Understanding employee rights and wrongful termination claims is crucial for anyone seeking justice after an unfair dismissal.

 

To ensure this, here is what you should do:

Gather Evidence

Make a copy of your employment contract, enjoy the payslips, emails, text messages, and other material of your dismissal. You will also find a clear timeline of events beneficial to your case.

Seek Legal Advice

By consulting the lawyers in Perth who specialise in employment issues, you will learn about your rights in this matter. They will be able to estimate the situation and tell you whether you have a good case.

Make a Claim

Under the supervision of the law, you will be able to file an unfair dismissal or general protections claim with the Fair Work Commission. They can be seeking compensation, an apology or even reinstatement.

 

How Can Employment Lawyers Perth Help You to Address This Situation?

A lawyer who focuses on such cases makes the process easier and less stressful.

 

For example, a wrongful dismissal lawyer can:

  • Help you to understand whether your dismissal was lawful
  • Prepare all the necessary documents
  • Communicate with your employer or their lawyer
  • Represent you in mediation or a hearing

 

How to Choose the Right Lawyer?

In case you are seeking the assistance of a person, you need to select the one who is knowledgeable about the law as well as approachable. An experienced lawyer for unlawful termination pays attention to your side of the situation, clarifies your rights, and acts on your case in the shortest possible time.

 

Perth employment lawyers will assist you in getting the best outcome that is achievable according to your conditions. They will ensure that they hear your voice and that your case is approached in the right way.

 

In case you are dismissed due to discrimination or harassment, you have to speak to the best wrongful termination lawyers.

 

Finding the Right Support

Some employment law practices in Perth also specialise in wrongful dismissal claims. They understand how to collaborate with employees to protect their rights and fairly settle the confrontations. Such companies will provide you with personalised recommendations on the case and further actions.

 

Conclusion

In case you believe yourself to have been treated unfairly or even illegally dismissed, there might be a legal reason to take action. In this case, being able to communicate with the employment law firms in Perth might allow you to guard your rights and reclaim what belongs to you.

 

The best employment lawyers in Perth will be able to explain the complexities of employment law to you, evaluate the success of your case, and help you recover damages or reinstatement when the situation warrants it. Seeking early legal counsel may be the critical difference in the matter of a reasonable resolution that is fair.

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