Unfair Dismissal?

A dismissal occurs when your employment is terminated at the initiative of your employer, or the employer has forced you to resign.

A dismissal will be unfair if it was harsh, unjust or unreasonable and was not a case of genuine redundancy and if employed by a small business, was not in accordance with the Small Business Code.

I am on a 457 visa and have been dismissed from my employment. Can I bring a claim in the Fair Work Commission?
7042 views

I am on a 457 visa and have been dismissed from my employment. Can I bring a claim in the Fair Work Commission?

A Temporary Business (Long Stay) visa (457 Visa) allows skilled workers to be employed in Australia where they are sponsored by an Australian business.

I have been caught criticising my boss on the internet. Will I be sacked?
5254 views

I have been caught criticising my boss on the internet. Will I be sacked?

You should be very proactive in minimising the damage which you might have done to your own future. If the information is harmful to your employer, misleading or open to misinterpretation, do whatever you can to take it down.

Secondly, take advice about the particular consequences that might be facing you because in many employment situations you will be dismissed for misconduct and have little recourse to law as a matter of practical consequence.

What rights do I have if I was dismissed for making a complaint about discrimination?
6481 views

What rights do I have if I was dismissed for making a complaint about discrimination?

If you have been subjected to any type of discrimination at work you will generally feel inclined to make an internal complaint to Human Resources or continue to endure the unlawful discrimination.

What rights do I have if I was dismissed after raising concerns about my superannuation entitlements?
6350 views

What rights do I have if I was dismissed after raising concerns about my superannuation entitlements?

Your Rights under the Fair Work Act 2009(Cth) and the Equal Opportunity Act 2010(Vic). It is unlawful for your employer to dismiss you because you have raised concerns that you are not receiving all, or part of your employment entitlements such as superannuation.

Can I claim unfair dismissal if I was dismissed for taking sick leave?
11170 views

Can I claim unfair dismissal if I was dismissed for taking sick leave?

It may be unlawful for your employer to dismiss you because you need to take a period of sick leave.

What notice does my employer have to provide me with when I am dismissed?
4040 views

What notice does my employer have to provide me with when I am dismissed?

When you enter into a contract of employment, the contract (theoretically) runs forever. This is clearly not practical and often contracts include a termination clause allowing for the contract to come to an end in certain circumstances.

What are my options if I have been dismissed and the reason is vague?
6003 views

What are my options if I have been dismissed and the reason is vague?

Fair Work Act 2009 (Cth) An employee who has been dismissed without a valid reason may be protected by the provisions of the Fair Work Act 2009.

Can I Record Conversations Or Meetings With My Boss?
101477 views

Can I record conversations or meetings with my boss?

I recorded my termination meeting because I was fearful that the employer would say that I resigned and was not sacked if I later brought an unfair dismissal claim.

What are my rights if I have been accused of inappropriate conduct at our Christmas party?
10592 views

What are my rights if I have been accused of inappropriate conduct at our Christmas party?

December is often a busy time for all types of employers and employees. If you work in retail, you will no doubt be swamped with the Christmas rush to ensure maximum profits are made during the festive season.

What are my rights if I have been dismissed for a trivial breach of company safety procedures?
6907 views

What are my rights if I have been dismissed for a trivial breach of company safety procedures?

Fair Work Act (Cth) Depending upon the seriousness of the failure to follow company safety procedures, you may be entitled to reinstatement or some form of compensation under the section 391 and s 392 Fair Work Act 2009 (Cth) (the Act).

User Guide to the Fair Work Act

This is your best guide to the complex Fair Work Act. It makes navigating the act easy.

Accessing the Law

Lots of laws apply to you

Everyone's situation is different but...

Fair Work Act 2009 - protection and compensation

Read how this act applies to your situation.

Dealing with misleading conduct by your employer

The Competition and Consumer Act plays an important role...

Court Links

See a list of courts and other institutions.

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