If we lived in a perfect world, we wouldn’t even have to talk about these cases. Of course, the real world is often harsh and some people are not satisfied with the treatment they receive from their employers. Some people don’t have experience with these situations, so they don’t have an idea where to turn when they find themselves dealing with an unfair dismissal.
Before we proceed, if you feel like you want to consult a professional right away, all you need to do is dphlegal.com and find a lawyer to talk to. But since most people want to know what an unfair dismissal really is before they take any legal actions, we should explain the basics. Let’s start with the most obvious question…
What exactly is an Unfair Dismissal?
If you want to use strict legal terms, this is a dismissal that’s “unjust, harsh or unreasonable.” The FWC is there to determine whether any dismissal was unfair or not. The Commission does so under the guidance of federal legislation. Here a few things the FWC takes into consideration:
- Was there actually a valid reason for the termination
- If your employer over-reacted in the dismissal
- Were you notified prior the termination
- If you had time to respond to the dismissal
What’s the Process for these Claims?
After you get an application, the FWC will call for a conference between your former employer and you. The Commission will give you a conciliator who will be there for the conference to bring you and your employer together and possibly resolve the situation.
If the consilience doesn’t result in a mutual settlement, you’ll proceed to an official hearing at a later date before a Member of the FWC. Certain members have the authority to make a determination about your case and decide whether your claims are truthful or not.
What are some of the Outcomes?
If the FWC determines that your termination was actually unfair, they may order your former employer to compensate you financially. They can also order reinstatement, and you’ll be appointed to the position you were in before the termination.
In best case scenario, you’ll get 6 months’ worth of pay. On the other hand, the Commission will not order compensation for any distress or humiliation associated with your termination. Also, if your misconduct contributed to the termination, the Commission may reduce the compensation amount.
How Should You React?
If your employer dismissed you because of your sex, race, age, physical disability, sexual preference or family responsibilities, you definitely have a good case against them. But if you want to back up your claims, you have to document everything and get some concrete proof.
Furthermore, if your employer dismissed you because of a temporary illness, or because you’ve exercised your workplace rights, it’s against the law.
In the end, you have to sit back, take a good at your situation and see if your dismissal was unfair in any shape, way or form. After that, we’d advise you to contact a professional and devise a concrete plan that will guide your next step.