8st September 2025
By Joseph Kelly, Kelly Workplace Lawyers
My Dismissal Was Unfair – How Can I Dispute It?
What are unfair grounds for termination?
Upon termination, if it can be determined that the termination was not valid, then there may be some options for recourse for employees.
One in particular is a claim for Unfair Dismissal.
Unfair Dismissal is available to employees whose dismissal can be characterized as harsh, unjust or unreasonable (s385 Fair Work Act). If one or more of these applies, then the reason for dismissal may not be valid.
It is important to note, there are some additional considerations including redundancy and small business’ – if in doubt, always get legal advice! Seeking advice early can help you understand your rights and avoid missing important deadlines.
Who is protected from Unfair Dismissal?
To be protected from Unfair Dismissal, you must:
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Have completed the minimum employment period;
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Earn less than the high income threshold (Currently $183,100);
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Be covered by a modern award or enterprise agreement.
This ensures that protection is targeted at employees who may otherwise be vulnerable to unfair treatment in the workplace.
So, what is a ‘harsh’ dismissal?
The Fair Work Commission must take a variety of considerations into account regarding the dismissal, including:
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Whether there was a valid reason for the dismissal related to conduct & capacity to perform the role;
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If proper notice was provided of the reason for dismissal;
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If the employee had an opportunity to respond;
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If the employee was previously warned about performance issues.
And others! You can check the Fair Work Act s.387 for more information on whether your dismissal may have been harsh.
Okay, then what is unjust or unreasonable?
Your dismissal may not fall within the scope of ‘harsh’ – instead it may be:
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Unjust – Where you are not guilty of the action/behaviour being alleged as the reason for dismissal.
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Unreasonable – The evidence does not support the decision for termination.
Timeframe
But don’t wait until it’s too late to find out – there are strict timeframe requirements on submitting applications to the FWC. Unfair Dismissal claims have a time limit of 21 days from the date of dismissal. If you’re unsure, check the Fair Work Commission website or contact KW Lawyers for assistance! Even if you are only considering making a claim, it’s best to act quickly.
My dismissal doesn’t fall under these?
There are other options available to employees who have been recently dismissed but may not fall under one of the previously mentioned criteria. Here is one example:
General Protections – If adverse action was taken against you because of a prescribed reason due to you having, exercising or proposing to exercise a workplace right (s340 Fair Work Act).
This avenue can sometimes be more appropriate where discrimination, retaliation, or other prohibited conduct is involved.
What outcomes can I request?
Depending on the circumstances and the appropriateness of the matter, the court may consider reinstating the employee or awarding compensation. In some cases, a settlement may also be negotiated between the parties.
If you have recently been dismissed & disagree with the reasoning, make sure to contact Kelly Workplace Lawyers for advice as soon as possible!
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