Tag: Fair Work Commission

5 Tips for making an Unfair Dismissal Claim in Australia

If you’re an Australian who feels like you’ve been fired without good reason, you may be able to make an unfair dismissal claim with the Fair Work Commission. In general, an unfair dismissal occurs when you’re fired without warning or reason, when you’re fired due to something unrelated to your job or workplace, or when you’re fired due to performance issues without being given an opportunity to resolve the problem.

However, making a claim can be slightly complicated, which means you need to be as prepared as possible before you start. In the rest of this article, we’ve covered our top five tips to maximise your chances of a successful claim.

  1. Speak to a Legal Professional

Generally, the first thing you should do is determine whether you have a strong case or not by speaking with a legal professional. Free legal advice is provided to eligible people through the Fair Work Australia website. Alternatively, you could speak to an experienced employment lawyer.

  1. Be Prepared to Settle

The vast majority of unfair dismissal claims in Australia are settled out of court, which means you should be prepared to negotiate with your former employer. Out of court settlements can include:

  • Financial payouts.
  • Reinstatement to your former position.
  • The return of property or other belongings.

Anything else you and your former employer agree on.

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