Have you or a loved one been dismissed from a job? Did you feel the termination was in some way unfair or in breach of the terms of your contract of employment? You may have a claim for wrongful dismissal. Read on to find out what defines wrongful dismissal, how it differs from unfair dismissal, and how to make a compensation claim.
What is deemed wrongful dismissal?
Many people assume that wrongful dismissal and unfair dismissal are one and the same. The truth is that unfair dismissal is a complex legal area with many potential definitions, while wrongful dismissal specifically refers to a breach of the employment contract under the common law.
According to the Fair Work Act 2009 (FWA), unfair dismissal occurs when an employee is dismissed and the Fair Work Commission decides the dismissal was harsh, unjust or unreasonable. The Commission may decide that the employer had no reason to dismiss an employee, that the employer didn’t follow a proper process or that the dismissal was otherwise harsh or disproportionate in the circumstances.
Wrongful dismissal is when an employer dismisses an employee in breach of the terms of a written contract of employment.