As an employer, navigating unfair dismissal claims can be daunting and resource-draining. At Fox Piper, our experienced employment lawyers provide comprehensive legal support to protect your business interests. We understand the significant impact these claims can have on your operations and reputation. With strategic advice and robust defence strategies, we guide you through every step of the process.
In Queensland, the Industrial Relations Act 2016 defines unfair dismissal as the termination of an employee in a harsh, unjust, or unreasonable manner, without following proper procedures or for prohibited reasons such as discrimination. Across Australia, the Fair Work Act 2009 also governs unfair dismissal matters at the federal level, applying to businesses under the national workplace relations system. This includes dismissals that are not consistent with the Small Business Fair Dismissal Code. The law aims to protect employees from unfair treatment and wrongful termination, ensuring fair procedures are followed during dismissals.
Employers may be ordered to pay compensation to the employee, including lost wages and damages.
Public scrutiny and negative perception from stakeholders and the community.
Expenses associated with defending claims, including legal fees and court costs.
Diverted focus from core business activities to litigation and compliance.
Reduced productivity and morale among remaining staff due to perceived unfair treatment.
Step 1
Submit Your Enquiry
Provide us with details about your situation. We will assess to see how best we can help you. All enquiry submissions are confidential.
Step 2
Speak with a solicitor
We will take the time to understand your circumstances and give you guidance.
We will speak with you about your matter, give you options, and most importantly potential solutions.
Step 3
Post-consultation email
Tell us about your dispute, and our team will assess your enquiry and guide you on possible next steps. We’re here to help you navigate the process with clarity and confidence.
Unfair dismissal occurs when an employee is terminated in a harsh, unjust, or unreasonable manner, including dismissals not in accordance with the Small Business Fair Dismissal Code. It also covers terminations based on discriminatory grounds and those that do not follow proper procedures outlined in the Industrial Relations Act 2016 and the Fair Work Act 2009.
The consequences of an unfair dismissal claim can include financial penalties such as compensation payments to the employee, damage to your business’s reputation, and legal costs associated with defending the claim. Additionally, it can lead to operational disruptions and affect employee morale.
At Fox Piper, we provide comprehensive legal support, including:
If you are facing an unfair dismissal claim, make a booking online with Fox Piper.
Contact us immediately. We will conduct a thorough review of the circumstances, advise you on the best course of action, and represent your interests throughout the process to achieve the most favourable outcome.
To be eligible to make an unfair dismissal claim, an employee must meet specific criteria, including completing the minimum employment period (typically six months, or 12 months for small businesses) and earning below the high-income threshold. Understanding these criteria is essential for assessing the validity of the claim.
Yes, many unfair dismissal claims are resolved through negotiation and mediation. At Fox Piper, we aim to settle disputes efficiently and amicably, often avoiding the need for costly and time-consuming litigation.
The Small Business Fair Dismissal Code provides guidelines for small business employers on fair dismissal practices. Compliance with this code can protect employers from unfair dismissal claims. We can help ensure your dismissal procedures align with this code to mitigate risks.
If the Fair Work Commission finds in favour of the employee, your business may be required to provide remedies such as reinstatement of the employee or compensation payments. We will work to minimise these outcomes and protect your business interests.
