Clinch Long Letherbarrow represent employers and terminated employees in all types of unfair dismissal disputes.

What is unfair dismissal?

 
A person has been unfairly dismissed if Fair Work Australia (FWA) finds that:

• The employee was dismissed, and
• The dismissal was harsh, unjust or unreasonable, and
• The dismissal was not a case of genuine redundancy, and
• The dismissal was not consistent with the Small Business Fair Dismissal Code.

 
Unfair dismissal does not include a person employed under a contract or for a particular task if their employment was terminated at the end of the contract or completion of the task. An employee may be eligible if their set contract was written to avoid the employer’s unfair dismissal obligations. Businesses may dismiss staff if they need to make a genuine redundancy.

What is considered harsh, unjust or unreasonable?

 
In considering whether a dismissal was harsh, unjust or unreasonable, FWA take into account:

• Whether there was a valid reason for the dismissal related to the person’s capacity or conduct (including its effect on the safety and welfare of other employees), and
• Whether the person was notified of that reason, and
• Any unreasonable refusal by the employer to allow the person to have a support person present to assist in any discussions relating to dismissal, and
• If the dismissal related to unsatisfactory performance by the person, whether the person had been warned about that unsatisfactory performance before the dismissal, and
• The degree to which the size of the employer’s enterprise would be likely to impact on the procedures followed in effecting the dismissal, and
• The degree to which the absence of dedicated human resource management specialists or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal, and
• Any other matters that FWA considers relevant.

 
Clinch Long Letherbarrow will review the circumstances of the dismissal and make a recommendation regarding the most appropriate course of action to take.

Our goal is to help you achieve a satisfactory outcome with minimum time, expense and inconvenience.

Contact us today for expert advice and guidance in all aspects of unfair dismissal.