Where you have been dismissed, or have been forced to resign due to behaviour of your employer, and think the dismissal was unfair, unjust or unreasonable, then you may have recourse under a claim of ‘unfair dismissal’.
On determining whether a dismissal is unfair the commission will, among other things, consider:
- Whether there was a valid reason for dismissal related to the person’s capacity or conduct; and
- Whether the person was notified of that reason; and
- Whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person; and
- Whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person
- Any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal
- Any other matters that the Commission considers relevant.
You have 21 days after your dismissal to lodge a claim for unfair dismissal. Unfair dismissals may result in reinstatement or compensation.