I understand how unsettling and stressful it can be to lose your job, especially when you're unsure about the reasons behind it. It's completely normal to question whether the dismissal was handled fairly. Many people in your situation feel confused and vulnerable, and I'm here to help you understand your rights and explore whether your dismissal might be considered unfair under Australian law. Let me look up the most relevant information for your situation. I understand you've been let go from your job and want to understand whether this might constitute unfair dismissal. Let me break down what constitutes unfair dismissal and help you assess your situation.

What Makes a Dismissal "Unfair"

A dismissal is not always unfair. In some situations, it is fair to end an employee's employment. However, when an employer dismisses an employee, the law says that they should not dismiss an employee if it is harsh, unjust or unreasonable.

A dismissal may be unfair if it is one, 2 or all 3 of 'harsh, 'unjust' or 'unreasonable'. Let me explain what each of these means:

Harsh dismissal occurs when:

• The dismissal is an extreme response to the situation
• The dismissal has a very big ('disproportionate') impact on the employee's economic and personal situation

Unjust dismissal happens when:

• The employee is not guilty of the action or behaviour the employer used as the reason to dismiss them

Unreasonable dismissal occurs when:

• The evidence does not support the decision to dismiss the employee

Who Can Apply for Unfair Dismissal Protection

Not everyone can make an unfair dismissal claim. You need to meet specific eligibility criteria:

Employment Period Requirements: Employees who have worked for 6 months in a large business or 12 months in a small business. This is the minimum employment period.

Must Have Been Dismissed: Employees who have lost their job. You cannot apply before your employer dismisses you.

National System Employee: Employees who are part of the national system. Examples of people who are not part of the national system are sole traders, contractors, people who work through an agency, or some government employees.

Small Business Considerations

If you worked for a small business, there are different rules. A small business is defined as any business with less than 15 employees.

An employee can only make an unfair dismissal claim if they have worked for the small business employer for 12 months or more.

However, The Small Business Fair Dismissal Code provides protection against any unfair dismissal claims that are lodged with the Commission. The Commission will rule that the dismissal was fair if the employer can provide evidence that the Code was followed before dismissing the employee.

Valid Reasons for Dismissal

Employers can dismiss employees for valid reasons, including:

• Serious misconduct (theft, fraud, assault, sexual harassment, or serious safety breaches), ongoing underperformance, the job is no longer needed (redundancy)

However, employers need to follow a fair process when they dismiss an employee. Employees should know the reason for their dismissal and be given an opportunity to respond.

Time Limits - This is Critical

If you believe you've been unfairly dismissed, you must act quickly. Employees need to apply to the FWC within 21 days of the dismissal taking effect. The 21-day period starts the day after the dismissal.

Alternative Options

Unfair dismissal isn't your only option. You might also consider:

General Protections Dismissal if you were dismissed for prohibited reasons like:

• Discrimination, workplace rights, sham contracting, temporary absence due to illness or injury, freedom of association

Important: You can only apply for one option. Read the information on this site carefully to see if you qualify.

Your Next Steps

To properly assess your situation, I need to understand:

• How long you worked for this employer
• Whether it's a small or large business
• The reason given for your dismissal
• Whether you received proper process and opportunity to respond
• The specific circumstances of your termination

The Fair Work Commission (the FWC) hears and decides on cases of unfair dismissal. Given the strict 21-day time limit, if you believe your dismissal was harsh, unjust, or unreasonable, you should consider seeking advice promptly.

Would you like to share more details about your specific situation so I can provide more targeted guidance on whether your dismissal might be unfair and what options you have?