A dismissal that is harsh, unjust, or unreasonable having regard to the reason for dismissal and the fairness of the process.
A key test used by the Fair Work Commission to determine whether a dismissal was fair in all the circumstances.
The employer must have a defensible, evidence-based reason for dismissal related to conduct or performance.
Employees must be notified of allegations, given an opportunity to respond, and the response must be genuinely considered.
Claims such as misconduct, safety breaches, bullying, or policy violations. The Commission examines whether the allegations were properly proven.
Employees must usually receive warnings, performance discussions, and a reasonable chance to improve before dismissal.
Warnings should be clear, documented, and explain what improvement is required. Sudden termination with no warning often leads to a finding of unfairness.
A dismissal may be harsh if the punishment is excessive compared to the conduct, especially for long-serving employees.
An informal telephone meeting where over 80% of unfair dismissal matters settle. A conciliator helps explore options to resolve the dispute.
A formal hearing where a Commission Member decides the case based on evidence, cross-examination, and legal principles.
The preferred remedy. The employee may be returned to their former job if the Commission determines the dismissal was unfair.
If reinstatement is not appropriate, compensation may be awarded up to a maximum of 26 weeks’ pay.
My recent dismissal after many years of service was abrupt, unfair and very harsh. ... I contacted some well known lawyers and was shocked that initial consultation to determine whether I have a case would cost a 'bomb' adding to the financial stress due to the dismissal! Garry from JustRelations is God-sent! He is highly experience with trail of successful outcomes for his clients and a strong negotiator! He was able to quickly advise and guide me in the direction to pursue justice. ... I would highly recommend anyone in the same predicament to contact him.
Esther — client review
Alan Dircks helped me greatly with questions relating to a workplace situation for withheld wages. His confidence put my mind at ease and his direction for proceedings was invaluable. I am so grateful for Alan's support, advice and knowledge at getting me through a stressful time. Thank you 'Just Relations'.... highly recommend these guys for any advice & support. :)
Tiffany G***** — client review
Nick helped me in my unfair dismissal case against a World Fortune 500 company. And helped me to win a very big compensation considering my short working period with the company. As a shy immigrant from Non-English speaking country , I am very thankful to Nick's model- there is no big upfront charges before the first evaluation of the case. I remember all the other companies I contacted charges me about $ 500 somethings, if not for Nick I probably would have given up to seek justice for myself-just the upfront payment is too big. During his work for my case, Nick demonstrated strong professionalism and determination for justices, etc. He is to be trusted and a good IR!
Jasmine P******* — client review
My unfair dismissal case was handled by Tom and settled during conciliation. I was very pleased with Tom's approach, his passion to serve justice and ability to secure a great outcome for me. I'm grateful for his honest approach and dedication to take the matter to a higher jurisdiction if it became necessary. I highly recommend Tom & the Just Relations team.
Amanda De A******* — client review