Can You Sue Your Employer for Firing You?

Man Fired by His BossHas your boss suddenly fired you? Do you feel that the termination was harsh or unreasonable?

All employees have workplace rights, and one of them is to get a proper employment termination. Lawyers from note that employees who believe their employers had unfairly dismissed them from their jobs may file an unlawful termination claim or unfair dismissal claim.

With the help of a lawyer, the employee must file the claim with the Fair Work Commission no later than 21 days after the date of employment termination. A dismissal is unfair on the following grounds:

  • If the dismissal was harsh, unreasonable or unjust
  • If the employer was a small business owner and the dismissal was inconsistent with the Small Business Fair Dismissal Code
  • If the dismissal was not a case of genuine redundancy, which means the employer still needs to hire someone else to do the job.

The Fair Work Commission decides if the dismissal was harsh, unreasonable or unjust from the answer to the following questions:

  • Was there a valid reason for termination related to the employee’s conduct or capacity?
  • Did the employee receive notification of that reason?
  • Did the employer give the employee an opportunity to respond to the reason?
  • Was there any unreasonable refusal by the employer to permit the employee to have a support person to assist in the discussions regarding the dismissal?
  • Was the termination related to the unsatisfactory performance by the employee? Did the employee receive warnings about it before the dismissal?
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The Fair Work Commission may order reinstatement or compensation up to a maximum of six months’ wages for successful claims for unfair dismissal. But the commission may lower the amount of compensation if the commission deems that the employee has not made any effort to look for other employment for the duration of the hearing.

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