What Are Your Rights When Facing Unfair Dismissal?

Have you been dismissed unfairly, or do you know someone who has?

Losing your job out of the blue is tough at the best of times. When you suspect the dismissal wasn’t above board, it can feel even more gut-wrenching. That sinking feeling is something no worker should have to face alone. That’s why it’s important to understand your rights.

Knowing what counts as unfair dismissal, what protections you have, and how to push back when necessary can make a real difference. And when emotions run high, getting solid legal advice from experienced employment lawyers can help you see the forest for the trees. But before you look up ‘employment law firm near me’ online, let’s discuss your rights when facing unfair dismissal.

Understanding Unfair Dismissal and Whether It Applies to Your Situation

Unfair dismissal is when you’re sacked in a way that’s harsh, unjust, or just plain unreasonable. However, not every termination falls into that category. Employers are within their rights to let someone go for serious misconduct or if the role itself becomes genuinely redundant. What counts as unfair dismissal? Here are a few examples:

Being dismissed without a valid reason
Being terminated after raising legitimate concerns at work
Losing your job shortly after taking personal leave to care for a sick loved one

Whether your situation fits the bill depends on things like how long you’ve been employed, the size of the workplace, and whether proper processes were followed.

Immediate Steps to Take After Being Dismissed Unfairly

Being dismissed unexpectedly can be shocking, but taking swift action can change the outcome. There are a few key steps you’ll want to tick off straight away. These not only protect your rights but also give you the best shot at building a solid case if you decide to challenge the dismissal.

Ask for written confirmation of your dismissal, including the exact reason they’re letting you go.
Gather any documents that might back your side of the story—emails, performance reviews, meeting notes, you name it.
Jot down everything you remember about what led up to your dismissal while it’s still fresh.
Most importantly, don’t feel pressured into signing anything, particularly settlement offers, until you’ve had proper legal advice.

How the Claims Process Works — Key Timelines and What to Expect

One of the biggest mistakes employees make after experiencing unfair dismissal is waiting too long to take action. There are strict deadlines to lodge a claim, and if you miss them, you’re often out of luck.

The process usually kicks off by filing an application with the relevant employment body. Once that’s in, both sides are typically invited to a conciliation conference. If this doesn’t work, the case might move to a proper hearing where evidence gets presented and a final decision is made.

Factors That Influence Whether a Dismissal Is Deemed Unfair

Even if your dismissal felt completely unfair, that doesn’t necessarily mean the law agrees. When it comes to deciding whether a dismissal was unfair, there are several factors that come into play.

Was there a valid reason for the dismissal?
Were you given a fair chance to respond to any allegations?
Did your employer follow proper procedures, including giving warnings or performance reviews?
Was the actual dismissal proportionate to whatever they accused you of?

Common Misconceptions About Unfair Dismissal Claims

Plenty of workers steer clear of unfair dismissal claims because they’ve been fed a few tall tales along the way. Let’s clear up some of the most common ones.

Myth	Reality
Only permanent full-timers can make a claim.	Regular casuals can also have rights if their hours are consistent enough.
Small businesses can fire whoever they like.	Even smaller employers need to follow fair processes.
Filing a claim leads to an expensive court battle.	Most cases are resolved at conciliation, well before they see a courtroom.

How Legal Advice Can Strengthen Your Case

Unfair dismissal laws can feel like a legal maze, and trying to navigate them solo is no walk in the park. That’s where professional advice pays off. An experienced employment lawyer from renowned law firms like Brydens can look at your situation and tell you straight up whether you’ve got a strong case or if you’re better off cutting your losses.

In addition, they’ll help gather the right evidence, frame your arguments in a way that hits the legal mark, and handle negotiations with your employer (or their lawyers) to get you the best possible deal. Often, involving a lawyer signals to employers that you’re serious, which can lead to faster and fairer settlements.

Potential Outcomes and Compensation Options

Most people assume unfair dismissal claims are all about getting your old job back. In reality, however, reinstatement is pretty rare. What most employees aim for is financial compensation, which may include lost wages, superannuation, and in some cases, compensation for distress.

There’s usually a cap on how much you can receive, and it depends on things like how long you worked there and what you earned. Sometimes, employers offer confidential settlements to resolve matters without public scrutiny. Either way, getting solid advice before signing anything helps ensure you’re not left holding the short end of the stick.

Author Profile

Adam Regan

Deputy Editor

Features and account management. 3 years media experience. Previously covered features for online and print editions.

Email Adam@MarkMeets.com