To succeed in an unfair dismissal application, you need to show “on the balance of probabilities” that:
- You were actually dismissed
- The dismissal was harsh, unjust or unreasonable
- The dismissal was not consistent with the code for small business fair dismissals
- The dismissal was not a genuine redundancy
In Queensland, anyone except for state public sector and local government employees can bring an unfair dismissal application, subject to satisfying certain other criteria (please contact us to determine whether you are covered and to discuss what other rights you may have).
For example, you must have worked for your employer for at least six months if they have 15 or more employees, or for at least a year if they have less than 15 employees.
The amount of compensation you receive depends on a number of factors, including:
- The effect on your employer
- The length of service
- Your economic loss
- Whether you have mitigated your loss
- How much you have earned or would be likely to have earned in the interim
Unlike other remedies, compensation is capped and cannot exceed the lesser of 26 weeks pay immediately prior to the dismissal, or half of the “high income threshold”.
You also cannot recover compensation for “shock, distress or humiliation”.
Prior to appearing before the Fair Work Commission, parties are given the option to mediate the matter via telephone with a Fair Work Conciliator.
As there are strict time limits for lodging an application, we recommend that you speak with a solicitor at our firm immediately.
You may also wish to consider a general protections claim in lieu of an unfair dismissal application.