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Our services
Process
Our approach to wrongful dismissal cases is methodical and evidence-driven. We begin with a detailed analysis of your employment contract, company policies, and the circumstances of your termination against the benchmarks set by the Fair Work Act 2009. Our team gathers all relevant documentation, including correspondence and witness statements, to build a robust case. We then assess the merits of an unfair dismissal claim (typically requiring 21 days from termination) or a general protections claim. Our process includes preparing and filing applications with the Fair Work Commission, engaging in conciliation, and providing representation at hearings if necessary. We secure favourable outcomes for over 85% of our clients at the conciliation stage.
Local Considerations — Australia
Wrongful dismissal law is uniform nationally under the Fair Work system, but local industrial landscapes influence case strategy. In major hubs like Sydney and Melbourne, with dense corporate and financial sectors, cases often involve complex contractual terms and high-stakes executive disputes. In regions with strong mining or manufacturing presence, redundancies and operational changes are frequent triggers for dismissal claims. Our national firm adapts by leveraging deep understanding of both federal law and state-specific common law principles, ensuring tailored advocacy whether your case is heard in Perth, Brisbane, or Adelaide. We navigate the nuances of each Fair Work Commission district registry effectively.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Claim Timeline | 4-12 weeks |
| Unfair Dismissal Filing Deadline | 21 days from termination |
| Common Compensation Range | Up to 26 weeks' pay |
| Case Resolution via Conciliation | >85% |
Standards & Compliance
- Fair Work Act 2009
- Fair Work Regulations 2009
- National Employment Standards (NES)
- Relevant Modern Award or Enterprise Agreement
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Frequently Asked Questions
What is the difference between unfair dismissal and wrongful dismissal?
Unfair dismissal is a specific statutory claim under the Fair Work Act, alleging the termination was harsh, unjust, or unreasonable. 'Wrongful dismissal' is a broader term often encompassing unfair dismissal, but can also refer to a common law claim for breach of contract, such as termination without proper notice or in violation of the employment agreement's terms.
What are the time limits for filing a wrongful dismissal claim?
Strict deadlines apply. An application for unfair dismissal must be lodged with the Fair Work Commission within 21 calendar days after the dismissal takes effect. For a general protections dismissal claim, the same 21-day deadline applies. Missing this deadline is typically fatal to your claim, making immediate legal advice critical.
What evidence is needed to support a wrongful dismissal case?
Strong evidence is crucial. This includes your employment contract, written termination letter, payslips, any prior warnings, copies of relevant company policies, and a detailed chronology of events. Correspondence (emails, messages) and contact details of potential witnesses who can support your version of events are also vital for building your claim.
How much does a Wrongful Dismissal case cost in Australia?
Legal costs depend on the case's complexity, the required evidence, and whether it proceeds to a formal hearing. Many cases resolve at conciliation. We typically offer a combination of fixed-fee stages for initial advice and litigation funding options. For a specific estimate, we recommend requesting a detailed cost agreement after an initial case assessment.