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Process
Our assessment follows a rigorous, three-phase procedure tailored to Australian employment law. First, we conduct a detailed case review, examining your employment contract, termination correspondence, and workplace policies against the Fair Work Act 2009. This includes analysing whether the dismissal was harsh, unjust, or unreasonable, a key test under the Act. We then identify potential claims, such as unfair dismissal (which must generally be filed within 21 days) or claims for breach of contract. Finally, we develop a strategic pathway, which may involve negotiation, lodging an application with the Fair Work Commission, or pursuing other legal remedies. A significant number of unfair dismissal applications are resolved through conciliation before reaching a formal hearing.
Local Considerations — Australia
While governed by national laws like the Fair Work Act, the application and interpretation of dismissal law can be influenced by state-based awards and the industrial landscape. Major business hubs like Sydney and Melbourne often see cases involving corporate restructuring and professional services, while regions with strong mining or agricultural sectors may involve different award structures and dismissal contexts. Our national service is structured to account for these regional nuances, ensuring advice is relevant whether a client is in a metropolitan centre or a regional area. Understanding these local industrial relations climates is crucial for effective case strategy.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Unfair Dismissal Claim Timeline | 4-8 weeks from application to conciliation |
| Standard Employee Eligibility Period | Minimum employment period (6 months or 12 months for small businesses) |
| Primary Governing Legislation | Fair Work Act 2009 |
| Common Resolution Method | Fair Work Commission Conciliation |
Standards & Compliance
- Fair Work Act 2009
- Relevant Modern Award
- National Employment Standards (NES)
- Common Law Contract Principles
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Frequently Asked Questions
What is the difference between unfair dismissal and wrongful dismissal?
In Australia, 'unfair dismissal' is a specific statutory claim under the Fair Work Act, focusing on whether a dismissal was harsh, unjust, or unreasonable. 'Wrongful dismissal' is a broader common law term typically involving a breach of the employment contract, such as failure to provide adequate notice or payment in lieu.
How long do I have to make an unfair dismissal claim?
You must lodge an application for unfair dismissal with the Fair Work Commission within 21 calendar days after the dismissal took effect. This strict deadline is enforced, with very limited exceptions for exceptional circumstances.
Can I claim wrongful dismissal if I resigned?
Potentially, yes. If an employer's conduct forces you to resign, it may constitute constructive dismissal, which can form the basis of an unfair dismissal claim or a claim for breach of contract. Assessing the specific circumstances is critical, as outlined in our guide on signs of constructive dismissal.
How much does a wrongful dismissal case cost in Australia?
Legal costs vary significantly based on case complexity, the stage at which it resolves (e.g., early settlement vs. a full hearing), and the specific legal services required. Many matters are resolved at the conciliation stage. We provide transparent, matter-specific cost agreements after an initial assessment of your case. The best approach is to seek a tailored cost estimate for your situation.