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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.
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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.
For more information about the meaning of unfair dismissal and unlawful termination in regards to the FWA, go here: http://www.findlaw.com.au/articles/4560/what-is-the-definition-of-unfair-dismissal-and-unl.aspx.
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Common questions about Wrongful Dismissal
Shine Lawyers are strong employee rights advocates who aren’t afraid to take on the big guys and fight for the underdog. We’ll represent you on a “no win, no fee” basis – if we don’t win your case, you don’t have to pay us anything.
Our legal team are experts in the area of employment law and can inform you on whether you have a claim for wrongful or unfair dismissal. We can guide you through the steps to take in order to help you achieve just compensation for any damages you’ve suffered.
With the exception of independent contractors, employees can make a claim against an action of unfair dismissal if they’ve worked the minimum employment period: six months in most cases, a year if the employer is a small business.
Wrongful dismissal involves breaking the terms of a contract. For example, terminating a fixed term contract before the term of the contract is up may be grounds for a wrongful dismissal claim.
If you’ve been dismissed from employment and believe the dismissal was unjustified, get in touch with our employment lawyers. We can assist you with both unfair dismissal and wrongful dismissal claims. There’s a 21-day limit for unfair dismissal claims so if you feel you’ve been inappropriately dismissed, don’t delay. Take action as soon as possible: https://www.shine.com.au/service/employment-law/unfair-dismissal-lawyers.
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