We think you are in Victoria. If not please click 'Change'

In your state, you are required to confirm you wish to access this information. Please enter 'QLD' or 'WA' in the field below to continue.

No thanks

Wrongful Dismissal

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.

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.

Our offer to you

  • Obligation-free consultation to assess your case confidentially

  • Claim assessment process where we will explain all of the options available to you

  • We can come to you - if you can't make it into the office we're more than happy to come to you

  • No Win No Fee arrangement

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.

Shine Lawyers are expert workplace relations and employment lawyers that can help you get the desired outcome following a work-related dispute. Click on the links below for more information about how Shine Lawyers can help.

Why you should choose Shine Lawyers to handle your employment law claim
Hear from some of our clients
History of Shine Lawyers
The Shine Lawyers team

Latest from the blog

Back to school road safety
January 17, 2018

Back to school road safety

During the busy rush of getting kids ready for a new year of school with books, uniforms and bags, it’s important for parents to ensure their children are stepping into the new school year on the right, and safe, foot. A recent study has returned some alarming statistics, showing that over 70 percent of drivers […]

Read more
SSM: Wedded bliss still needs legal protections. A checklist for the newly married.
January 9, 2018

SSM: Wedded bliss still needs legal protections. A checklist for the newly married.

It’s an exciting day for same-sex-couples in Australia who are now able to officially wed from today but a legally binding marriage isn’t the safeguard for all your rights. It is important to remember there are legal changes all married couples still need to make to ensure their new husband or wife is protected under […]

Read more
Mark Bates – This is my story
January 8, 2018

Mark Bates – This is my story

Mark was an electrician by trade, the bread winner for his wife and daughter. A fit and active 43-year-old, Mark enjoyed riding motorbikes, particularly his Yamaha Road Star. Mark was returning home from work. Mark was riding his motorbike home from a job site when he was t-boned at an intersection by a four-wheel drive. […]

Read more
See more from the blog

Enquire now

Meet the Shine team

Meet the Shine team

We recruit experts that are not only very good at getting the best outcome for you, but who are also passionate about making the legal process as easy and as uncomplicated as possible.

Read more

Call Us Now

Our friendly consultants are available to talk Monday to Friday, 8:15am to 6:00pm AEST.

1800 618 851

Live Chat

Chat with Shine Lawyers through the livechat system without leaving your computer. No downloading, completely private and best of all - its easy to use.

Start a live chat now

Enquire Now

Enquire now