Talk to a lawyer now — free case review
Get clear guidance on your employment situation — severance, wrongful dismissal and your rights. No appointment, confidential.
Runs in your browser · free · confidential
Our services
Process
Our technical procedure begins with a forensic review of the employment contract, workplace policies, and all correspondence related to the termination. We assess the case against the Fair Work Act 2009, specifically scrutinising compliance with s.387 (criteria for unfair dismissal) and s.382 (eligibility). Our team analyses whether the dismissal was a case of Wrongful Dismissal, involved a breach of contract, or lacked a valid reason. We gather evidence, including witness statements and performance records, to build a robust position. Typically, an employee has 21 days from the date of dismissal to file an unfair dismissal application, a critical statutory deadline we manage meticulously to protect your claim.
Local Considerations — Australia
Employment law practice varies significantly across Australia's states and territories due to different industrial histories and sector concentrations. In New South Wales and Victoria, with dense corporate and financial sectors, complex contractual disputes and executive terminations are frequent. In Queensland and Western Australia, with strong mining and resources industries, dismissals related to site safety and roster disputes are common. Our national firm adapts by leveraging deep knowledge of both the national Fair Work system and state-based instruments, ensuring tailored advice whether a client is in a metropolitan centre or a regional mining hub, providing consistent expertise across all jurisdictions.
At a Glance
| Parameter | Reference Value |
|---|---|
| Unfair Dismissal Claim Filing Deadline | 21 days from termination |
| Minimum Employment Period for Protection | 6 months (12 months for small business) |
| Maximum Compensation Cap (Unfair Dismissal) | Half the high income threshold |
| Common Notice Period Range | 1 to 5 weeks |
Standards & Compliance
- Fair Work Act 2009 (Cth)
- National Employment Standards (NES)
- Relevant Modern Award or Enterprise Agreement
- Common Law Contractual Principles
Request a Quote
Our team reviews your project and issues an initial report at no cost.
Or write us directly at info@employmentlawyer24.com
Frequently Asked Questions
What is the difference between unfair dismissal and wrongful dismissal?
Unfair dismissal is a statutory claim under the Fair Work Act, focusing on whether the dismissal was harsh, unjust, or unreasonable. Wrongful dismissal is a common law claim for breach of contract, typically involving insufficient notice or pay in lieu.
Can I be dismissed while on sick leave or annual leave?
Yes, but it is highly scrutinised. Dismissal during a period of protected leave (like personal/carer's or annual leave) is not automatically unlawful, but the employer must have a valid reason unrelated to the leave. Such cases require careful evidential analysis.
What happens if I miss the 21-day deadline to file an unfair dismissal claim?
The Fair Work Commission can grant a further period to file only in exceptional circumstances. The bar is high, requiring evidence of exceptional circumstances beyond your control that prevented filing. Immediate legal advice is crucial if a deadline is approaching or missed.
How much does Termination & Dismissal legal advice cost in Australia?
Costs depend on case complexity, required evidence gathering, and whether the matter proceeds to conciliation or hearing. Each listed firm provides clear fee structures, which may include fixed fees for initial advice or litigation funding options. We recommend a detailed case assessment for a specific cost estimate.