Unfair / Unjustified Dismissal
Your employer needs to show that they have good reason to justify a dismissal and that they have followed a fair process before making their decision.
If your dismissal seems unfair there is a good chance that it is.
Confronting your ex-employer about your dismissal can be a technical and stressful issue to tackle alone.
You can contact us for an initial free consultation with our employment law advocates. They will help you understand your rights and advise you of the steps that need to be taken.
Commonly referred to as an unfair or wrongful dismissal.
The most common grounds for dismissal are: serious misconduct, poor performance or redundancy.
Other reasons can include: repeated misconduct, long term sickness/injury, incapability or abandonment of employment.
Your employer needs to justify their reason for dismissing you and follow a fair process before making their decision to let you go.
What is fair can depend on the circumstances, an employer must comply with any relevant provisions included in the employment agreement.
This includes following a disciplinary, performance management or workplace change process as outlined in the employment agreement or company policy documents.
Employees have the right to be supported at a disciplinary meeting by an advocate or supporting person.
There must be sufficient time to prepare for the meeting and organise representation.
They should also inform you if the outcome of the meeting may result in a dismissal.
Employers should investigate any allegations of misconduct thoroughly and without prejudice.
In the case of misconduct so serious that it warrants summary dismissal, the employee should be given clear standards to aim for and a genuine opportunity to improve.
At the end of a fair process, the employer must have a good reason to dismiss the employee i.e. the dismissal must be justified in all circumstances.
Employees that are dismissed are entitled to request a written statement from their employer outlining the reason/s for dismissal.
(This request can be made up to 60 days after the employee has been dismissed and must be responded to by the employer within 14 days)
If the employer fails to provide this written statement, the employee may consequently be able to raise a personal grievance after the required 90 day limitation period.
If the notice period is not specified in the employment agreement, a reasonable notice must be given.
If an employee has been unjustifiably dismissed, they can raise a personal grievance. (This is a formal complaint against an employer and can be the first step towards legal proceedings)
If you think you have been unjustifiably dismissed, don’t hesitate to get in touch. We are ready to help.
