If you have been dismissed from work for performance issues, misconduct or simply for no apparent reason, it is important to obtain advice immediately to see if you are able to lodge an unfair dismissal application.

The time limit for lodging an application is strictly 21 days and it is difficult to extend this three week period.

In some circumstances you will be precluded from pursuing an unfair dismissal application:

  • If you have been employed for less than 6 months or, if it’s a small business with less than 15 employees, less than 12 months.
  • If you worked as a casual but not on a regular and systematic basis.
  • If you were earning more than the high income threshold (currently $138,900 gross per year) unless covered by an award or enterprise agreement.
  • If you were employed under a contract for a specified period of time or a specific task.
  • Contractors
  • If you were genuinely made redundant.

Once it has received your application, the Fair Work Commission will hold a teleconference with you and your former employer to try and reach an agreement.

The best possible option is to ensure you are reinstated. If that is simply not possible, payment of compensation will be limited to a maximum of 26 weeks. The amount of this compensation will depend on the length of your employment as well as your position within the organisation. Other factors may also be taken into account should the matter proceed to hearing.

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Employment Law Team