In the complex world of employment law, your rights are paramount. If you’ve been unjustly removed from your position, it’s not just about losing a job—it’s about an infringement on your rights. Our unfair dismissal solicitors in Melbourne are dedicated to ensuring your employer’s obligations are not just acknowledged but adhered to. Whether it’s a case of constructive dismissal, a breach in the fair treatment of casual employees, or navigating the nuances of the Work Act 2009, you could be eligible for more than just compensation.
Reach out via our contact form or give us a call to schedule your first meeting with a specialist in unfair dismissal. Our Melbourne team is ready to listen and provide the preliminary advice you need.
With an in-depth understanding of your case, your dedicated unfair dismissal solicitor will outline the best path forward, ensuring you’re well-informed at every turn.
Choosing how to proceed can be daunting, but you’re not alone. Our team in Victoria will stand by your side throughout the entire process, offering the expert advice and empathetic support you deserve.
Being dismissed from your role without just cause isn’t merely unfair; it’s a breach of your fundamental rights under Australian employment laws. Unfair dismissal encompasses more than an employer’s personal dislike or dissatisfaction—it requires a lawful and substantial reason for termination.
In Australia, the law protects employees from being dismissed on discriminatory grounds, including gender, sexual orientation, race, religion, or marital status. Arbitrary dismissal, without a legitimate cause such as poor performance or genuine redundancy, is considered unlawful.
Experiencing a dismissal that feels harsh, unjust, or unreasonable is not only distressing—it’s illegal in Victoria. If you find yourself in such a situation, you might be eligible for reinstatement to your previous position or financial compensation. Our Melbourne-based unfair dismissal lawyers specialise in navigating these complex legal waters, ensuring your rights are fully represented and upheld.
If you’re facing an unfair dismissal, connect with our Melbourne-based solicitors skilled in employment law. We’ll assess your claim, focusing on key aspects like poor performance or genuine redundancy, and guide you on evidence collection.
Negotiating directly with your former employer often precedes formal action, a strategy that can be more cost-effective and quicker than lodging a claim with the Fair Work Commission, where around 40% of claims do not succeed.
If negotiation fails, we’re ready to support your claim to the Commission, aiming for the best possible outcome, whether it’s reinstatement or compensation. Trust our expertise to navigate your unfair dismissal application with precision and care.
”Pentana Stanton, specifically Gwen and their barrister Richard are extremely helpful. They demonstrate a kind, caring and humanistic approach. This approach is most welcome in extremely difficult times; when dealing with complex situations. I am extremely grateful. Thanks Pentana Stanton.
Tehmina Khan
Not all dismissals qualify for an unfair dismissal claim. Exclusions include:
Employment lasting less than six months, or under 12 months for businesses with fewer than 15 employees, reflecting the employment law’s nuances around tenure.
Dismissals adhering to the Small Business Fair Dismissal Code, emphasising the special considerations for small enterprises.
Genuine redundancy cases, where your role is legitimately no longer required.
Voluntary resignation without employer coercion, ensuring claims focus on involuntary terminations.
Earnings above the high-income threshold of $162,000 (as of October 2022) without coverage by an award or enterprise agreement, highlighting the financial criteria affecting eligibility.
For clarity on your situation and to explore your options, schedule a session with our unfair dismissal experts in Melbourne. Our team is well-versed in employment law, including the Work Act 2009 and high-income threshold implications, ensuring you receive accurate and actionable advice.
Jesse LaGreca
Partner | Principal Solicitor
Jesse is a highly experienced commercial solicitor admitted at both the Supreme Court of Victoria and the High Court of Australia.
He excels at partnering with growing organisations to help drive sustainable growth.
If your claim is successful, the Fair Work Commission may make an order for either reinstatement or compensation.
Possible orders include:
The amount of compensation you receive can be up to half your former annual salary and half the high-income threshold.
When you’re preparing for your consultation with one of our team, reading up on the basics of employment law can be helpful.
Get started with our library of easy-to-read articles and guides.
Under a compensation order for unfair dismissal, you can receive up to half your former annual salary and half the high-income threshold.
In most cases, though, the payouts claimants receive are much lower – just 0.4% of applicants are awarded the maximum payout amount. The median unfair dismissal payout is between six and eight weeks’ worth of pay.
An employment lawyer can help you maximise your payout by showing that:
You can find out more about what the Fair Work Commission considers when ordering compensation here.
To be able to bring a claim for unfair dismissal, you must have been:
To have been unfairly dismissed, the following must apply:
If your case meets those criteria, you can use work communications to show that your dismissal was unfair. Texts, emails, letters, and applications are all useful evidence; you should also collect your payslips and employment agreement to prove that you have been employed for the minimum employment period.
Although s 390(3) of the Fair Work Act 2009 (Cth) holds that reinstatement is the ‘primary remedy’ for unfair dismissal claims, reinstatement orders are rarely made.
Instead, of the approximately 59.3% of applications that are successful, just 14.2% involve reinstatement; approximately 76.7% of remedies are monetary compensation.
There are three stages to an unfair dismissal case:
Stages one and two can vary hugely in length depending upon the complexity of your case, the accessibility of documentation, and the willingness of the other party to negotiate in good faith. When an application is lodged with the Commission, the median resolution time is 21 days.
© 2021 Pentana Stanton | Design by Juno Creative
