Being forced to resign or experiencing an unfair and wrongful dismissal can be a highly stressful and emotional time. At Dwyer Durack, our experienced unfair dismissal lawyers can assist you during this difficult time. 

Unfair Dismissal in WA is covered by either federal unfair dismissal laws under the Fair Work Act 2009 (Cth), or the State unfair dismissal laws under the Industrial Relations Act 1979 (WA). 

If you consider that the termination of your employment may have been harsh, unjust or unreasonable, you may be eligible for an unfair dismissal claim, which can be made at the Fair Work Commission (or in some circumstances, the Western Australian Industrial Relations Commission).

The Fair Work Commission considers that a dismissal will be considered unfair if: 

  • You were dismissed; 
  • Your dismissal was harsh, unjust or unreasonable, 
  • Your dismissal was not a case of genuine redundancy, 
  • If you were employed by a small business, your dismissal was not consistent with the Small Business Fair Dismissal Code.

The Fair Work Commission can only deal with unfair dismissal cases that fall within its powers, also known as its 'jurisdiction'. You may be eligible to make an unfair dismissal application within the Fair Work Commission’s jurisdiction if: 

  • You have completed a "minimum employment period", being 12 months of employment if you work for a "small business" (with fewer than 15 employees), or 6 months if you work for a large employer (with 15 employees or more); 
  • You earn less than $148,700 per annum (before tax). This figure is adjusted annually on 1 July.   
  • You were terminated (or your termination took effect) less than 21 days ago. The 21 days is calculated from the date that your dismissal takes effect. This generally means 21 days from your last day at work.  
  • You are an employee (eg. a full-time, part-time or a casual who worked regular and systematic hours). Contractors are not eligible to claim unfair dismissal.

Our Employment Law department can help guide and advise you at every step of the way. If you have any queries or have been unfairly dismissed, contact our lawyers today.

Unfair Dismissal Lawyers in Perth, WA: Contact Us Today

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For more information, get in touch with our team of lawyers at Dwyer Durack today.