Unjustified Dismissal

In order for an employee to be dismissed from their job, their employer must have good reason and follow a fair process.  If these conditions are not met, an employee may make a personal grievance claim for unjustified dismissal.

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What is a fair process and good reason for dismissal?

It is imperative that an employer follows a fair process before dismissing an employee.  Examples include following a disciplinary, performance management or workplace change process as outlined in the employment agreement or company policy documents.  If there is no ‘official’ process, that doesn’t necessarily mean that an employee can’t be dismissed, but the employer will need to show that the process they undertook to dismiss the employee was what a ‘fair and reasonable employer could have done in the circumstances’. 

 At the end of a fair process, the employer must have a good reason to dismiss the employee i.e. the dismissal must be justified in all circumstances.  Employees that are dismissed are entitled to request a written statement from their employer outlining the reason/s for dismissal.  This request can be made up to 60 days after the employee is dismissed and must be responded to by the employer within 14 days.

If an employee has been unjustifiably dismissed, they can raise a personal grievance.  This is a formal complaint against an employer and can be the first step towards legal proceedings.

What will it cost?

In most cases, our help won’t cost employees/individuals anything.  When you first make contact, we will provide a free 15 minute consultation and confidential advice about your situation.  If your problem requires dedicated support from our team and/or formal representation we will aim to ensure any fees are covered by your employer. Have more questions? Click below to read more about the difference between bossed and 'no win no fee' organisations:

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