Unfair Dismissal

Is it an ‘exceptional circumstance’ if representatives lodge my FWC application outside of the 21-day limit?

My employer has decided not to renew my fixed-term contract. Do I have any legal recourse?

There are certain circumstances where employees on a fixed-term contract are entitled to bring forward an unfair dismissal claim. If you feel discriminated against, read on.

Should I lodge a General Protections or Unfair Dismissal?

Many unrepresented employees contact the Fair Work Commission assuming that it will give them free legal advice. It does not. It does provide sound information usually about an Unfair Dismissal claim and how to make an Unfair Dismissal claim.

I have been unfairly treated at work due to my political opinion, what can I do?

In the modern era, having the power to freedom of speech is a hot topic. Free speech is considered the most precious of rights and allows a person to communicate ideas and opinions in the form of speaking, writing or printing but can it be abused?

What rights do I have if I’m a high income employee who has been unfairly dismissed?

Under the Fair Work Act 2009 (Cth), a high income employee is classified as someone whose pro-rata employment salary is equal to or above the high income threshold.

How do I know whether my employer’s decision to make my position redundant is lawful or genuine redundancy?

Redundancy is a far more complex concept than most people know. Even judges get it wrong. There is no substitute for sound legal advice but here is a start.

Is my support person allowed to speak or act on my behalf during a disciplinary meeting?

As an employee you are entitled to have a support person at a disciplinary meeting.  This entitlement also extends to a performance management or investigatory meeting.  In fact, the failure by an employer to allow you to have a support person present may result or add weight in a dismissal in relation to that meeting being deemed unfair due to the lack of procedural fairness.

I did not sign an employment contract, what rights do I have?

You still have extensive rights and responsibilities as an employee, even if you have never signed an employment contract. The terms and conditions of your employment can be found in 4 places:

• The National Employment Standards in the Fair Work Act 2009 (Cth);
• Any applicable industry modern award;
• An employer-specific enterprise bargaining agreement; and/or
• Rights under other pieces of legislation.

I’m a whistle-blower, am I protected by the Fair Work Act?

What is whistleblowing?

There is no universally accepted definition of whistleblowing. The term is typically used to describe the conduct of an employee who reveals information about an improper or detrimental act committed by their employer or colleague.

What should I include in my unfair dismissal application?

The FWC unfair dismissal application form Form F2 contains broad guiding questions in relation to what you should include and provides space to answer these questions. You should ensure that you answer each question on the form.

Am I eligible to make an unfair dismissal application?

The Fair Work Act 2009 (Cth) only protects certain employees from unfair dismissal. To be eligible to make an unfair dismissal application.

What can I claim in an unfair dismissal application?

You will be required to state what outcome you are seeking by lodging a FWC unfair dismissal application in question 2 of the FWC unfair dismissal application.

You may seek either reinstatement to your position or payment of compensation (section 390(1))

However you may only seek payment of compensation where reinstatement is inappropriate and compensation is appropriate (section 390(3)).

You should justify why you are seeking one form of