Contributing 

Can you sue a company for unfair dismissal?

Leia Doyle

Can you sue a company for unfair dismissal?

You can usually only make a claim for unfair dismissal if you’ve worked for your employer for 2 years or more. You might not need to have worked for 2 years or more if you were dismissed for certain reasons, called ‘automatically unfair’ reasons. You should check if your dismissal was automatically unfair.

How much is a payout for unfair dismissal?

Most workers end up with $2,000 to $8,000 compensation after being unfairly dismissed. However, a handful are awarded more than $100,000, according to new figures released by the Fair Work Commission. The amount of compensation you might receive depends on the circumstances of your dismissal.

Can a dismissal be wrongful and unfair?

Wrongful dismissal and unfair dismissal are two entirely different concepts. Wrongful dismissal occurs most commonly where an employer dismisses an employee without notice or with insufficient notice under their contract of employment.

How does unfair dismissal work in Western Australia?

Unfair dismissal applications are heard by the Western Australian Industrial Relations Commission (WAIRC). The application must be received by the WAIRC within 28 days of the date of dismissal. A copy of the application must also be provided to the employer.

Can a Pty Ltd employee be dismissed in WA?

Find out more on the Guide to who is in the WA state system page. If you operate or are employed by a Pty Ltd business – you can find information on this topic on the Fair Work Ombudsman website. Under State laws, employees cannot be dismissed if to do so would be harsh, unfair or oppressive.

How does the Fair Work Commission deal with unfair dismissal?

The Fair Work Commission (the Commission) decides on cases of unfair dismissal. Employees have to apply to the Commission within 21 days of the dismissal taking effect. The 21 day period starts the day after the dismissal. If you think you have been unfairly dismissed you need to contact the Commission as soon as possible.

Can a dismissal from a small business be fair?

The Commission will deem a dismissal to be fair if the employer follows the Code and can provide evidence of this. A small business is defined as any business with fewer than 15 employees. To figure out whether a business is a small business, count all employees employed at the time of the dismissal including: