Unfair dismissals

If you have been unfairly dismissed or sacked by your employer, or you were forced to resign because of something your employer did, you may be able to make an application to the Fair Work Commission for reinstatement (getting your job back) or compensation. This is called an unfair dismissal claim.

Your dismissal may be considered unfair if:

• You were dismissed, and
• Your dismissal was harsh, unjust or unreasonable, and
• Your dismissal was not a case of genuine redundancy, and
• If you were employed by a small business, your dismissal was not consistent with the Small Business Fair Dismissal Code.

Wrongful dismissals

Employee's contract of employment has been terminated and the termination by the employer breaches one or more terms of the contract of employment, or a statute provision in employment law.

Redundancy entitlements

When your employer terminates your employment contract because the employee’s job is no longer required to be done by anyone, or there has been a restructure of the workforce, or because the employer has become insolvent or bankrupt, the employee is entitled to redundancy pay at the rates set out in the NES of the Fair Work Act.