7 Tips To Identify Whether You May Have Been Unfairly Dismissed

Being dismissed does not automatically mean your employer acted unfairly. But if the decision or process felt wrong, it is worth checking the facts quickly, strict time limits apply.

Here are seven signs that may point to an unfair dismissal.

1. There was no valid reason for ending your employment

Your employer should have a sound reason connected to your conduct, capacity or the genuine operational needs of the business. A vague explanation, shifting reasons, or an allegation that does not stack up may be a warning sign.

2. You were not told the reason before being dismissed

You should generally be told the concern that could lead to dismissal. Being called into a meeting and dismissed without understanding the allegation can indicate that the process was unfair.

3. You were not given a genuine chance to respond

A fair process typically allows you to respond to claims about your behaviour, performance, or capacity before a decision is made. This includes having a reasonable opportunity to explain your side, provide evidence or correct a misunderstanding.

4. You were dismissed for performance without prior warnings

For performance-related dismissals, employers will usually need to have made the issues clear and given you an opportunity to improve. A sudden termination after no meaningful feedback, warning or support may be worth investigating.

5. The punishment seemed disproportionate

Even where something went wrong, dismissal can be too severe in the circumstances. Factors such as a long unblemished record, a minor first mistake, personal circumstances or inconsistent treatment of similar conduct may matter.

6. The “redundancy” did not appear genuine

A redundancy may not be genuine if your role still effectively exists, someone else was hired to do substantially the same work, or your employer did not properly consult where consultation obligations applied. Calling a dismissal a redundancy does not settle the issue.

7. You were pushed to resign

Resigning does not always rule out a claim. If an employer’s conduct left you with no real choice but to resign, such as an ultimatum, serious mistreatment or an untenable change to your role, it may amount to a constructive dismissal.

Act quickly

In most cases, an unfair dismissal application must be lodged with the Fair Work Commission within 21 days after the dismissal takes effect. Eligibility also depends on factors including how long you worked there, generally six months, or 12 months for a small business, as well as your employment coverage and earnings.

Keep copies of your dismissal letter, employment contract, performance reviews, emails, meeting notes and any messages that explain what happened. These can help you assess your options with the Fair Work Commission, a union or an employment lawyer.

This article is general information only, not legal advice. The Fair Work Commission considers whether a dismissal was “harsh, unjust or unreasonable” based on the specific facts of each case.