Losing your job unexpectedly can be a stressful and overwhelming experience.
If you believe you have been unfairly dismissed, it is important to know your rights and the steps you can take to seek justice.
Under Queensland and Australian law, employees have protections against unfair dismissal, and taking the right steps early on can make a significant difference in the outcome of your claim.
Understanding Unfair Dismissal
Unfair dismissal occurs when an employee is terminated in a harsh, unjust or unreasonable manner. To be eligible to file a claim, you must be covered by the Fair Work Act 2009 (Cth) and meet certain criteria, such as being employed for a minimum period under section 382, and earning below the high-income threshold set out in regulation 3.05 of the Fair Work Regulations 2009 (Cth).
Gather Evidence
The first step after dismissal is to gather all relevant documents and evidence. This may include:
- Employment contracts and agreements.
- Performance reviews or feedback.
- Email communications and meeting records related to your termination.
- Any witness statements from colleagues who can support your claim.
Having strong evidence is essential to demonstrate that your dismissal was unfair.
Contact the Fair Work Commission
If you believe your dismissal was unfair, you can lodge a claim with the Fair Work Commission (FWC) under section 394 of the Fair Work Act 2009 (Cth). It is crucial to act quickly, as claims must be made within 21 days of your dismissal. The FWC will assess your application and decide whether to proceed with your case.
Attend a Conciliation Meeting
In most unfair dismissal cases, the FWC will arrange a conciliation meeting between you and your employer. The purpose of this meeting is to negotiate a resolution without going to a formal hearing. If you reach an agreement during conciliation, your claim will be settled, and no further action is required.
Prepare for a Hearing
If conciliation does not resolve your case, the next step is a formal hearing before the FWC. During the hearing, both parties will present evidence and make arguments. You may represent yourself, or seek legal assistance to ensure your case is presented effectively.
Remedies and Outcomes
Possible remedies for unfair dismissal include reinstatement to your former position or compensation for lost wages. The FWC will determine the most appropriate outcome based on the circumstances of your case.
Action
Act quickly: Unfair dismissal claims must be lodged with the Fair Work Commission within 21 days.
- Collect all relevant documents and evidence to support your claim.
- Seek legal advice if you are unsure about any part of the process.
- Attend all scheduled meetings and hearings to give your case the best chance of success.
Case
Qantas Airways Limited v Transport Workers Union of Australia [2023] HCA 27
- The High Court of Australia dealt with the legality of Qantas’ decision to outsource around 2,000 ground staff jobs during the COVID-19 pandemic. The Transport Workers Union (TWU) claimed that Qantas had breached the Fair Work Act 2009 (Cth), particularly sections 340 and 341, by taking adverse action against employees to prevent them from exercising their workplace rights. The TWU argued that Qantas outsourced the jobs to prevent those employees from engaging in enterprise bargaining or taking industrial action.
The High Court upheld the decision of the Federal Court, finding that Qantas’ primary reason for outsourcing the jobs was to prevent the employees from engaging in protected industrial action, which constituted a breach of the Fair Work Act 2009 (Cth). The Court confirmed that Qantas had acted unlawfully by outsourcing the jobs to prevent the exercise of workplace rights. This case reinforced the protections for employees under the Fair Work Act 2009 (Cth) regarding adverse actions by employers.
Seeking Advice
Navigating an unfair dismissal claim can be complex, but the legal team at Fox Piper is here to help. We understand the intricacies of Queensland and Australian employment law and can provide you with the support and guidance you need. Whether you need help lodging a claim or preparing for a hearing, our experienced lawyers are ready to assist you every step of the way.
Conclusion
Unfair dismissal claims are time-sensitive, and taking the right steps early on is critical to protecting your rights. If you believe you have been unfairly dismissed, it is important to act quickly and seek advice to ensure the best possible outcome for your case. Contact Fox Piper today to discuss your options.
