Unfair Dismissal

Losing your job unexpectedly can be a stressful and overwhelming experience.

At Bambrick Legal, we provide practical and compassionate advice to employees and employers dealing with unfair dismissal claims.

What is Unfair Dismissal?

Unfair dismissal occurs when an employee is dismissed from their job in a manner that is harsh, unjust, or unreasonable.

Under the Fair Work Act 2009, employees are protected against dismissals if they meet certain eligibility criteria.

Common examples of unfair dismissal include:

• Being dismissed without a valid reason
• Not being given a fair opportunity to respond to allegations
• Dismissal due to discrimination or exercising a workplace right

Who is Eligible to Make a Claim?

To lodge an unfair dismissal claim, you must meet specific requirements, such as:

• Being employed for at least 6 months (or 12 months for small businesses with fewer than 15 employees)
• Earning below the high-income threshold, unless covered by a Modern Award or Enterprise Agreement
• Being dismissed rather than resigning, unless resignation was forced (constructive dismissal)

How We Help Employees

At Bambrick Legal, we guide employees through the unfair dismissal process with clear advice and strong advocacy. Our services include:

• Assessing whether your dismissal meets the criteria for unfair dismissal
• Assisting you in lodging an application with the Fair Work Commission within the required 21-day timeframe
• Representing you in mediation and conciliation conferences to seek a fair resolution
• Advocating for you in formal hearings.

How We Help Employers

For employers, defending an unfair dismissal claim requires careful preparation and compliance with legal obligations. We assist businesses by:

• Reviewing the circumstances of the dismissal to determine its fairness
• Providing advice on best practices to minimise risks of future claims
• Preparing responses and evidence for Fair Work Commission proceedings
• Representing your business during mediation or hearings

Workplace Investigations

Workplace investigations are often necessary to address allegations of misconduct, harassment, or breaches of company policy.

Conducting these investigations thoroughly and impartially is critical for ensuring legal compliance and maintaining workplace integrity.

We assist employers with:

• Developing a clear process for managing workplace complaints and investigations
• Conducting or overseeing impartial investigations to ensure fairness and accuracy
• Advising on handling sensitive information and maintaining confidentiality
• Preparing detailed reports and recommendations based on investigation findings

For employees, we provide guidance on your rights during workplace investigations, ensuring you are treated fairly and that the process complies with legal requirements.

Why Workplace Investigations Matter

Conducting proper workplace investigations can:

• Resolve disputes and restore workplace harmony
• Protect employers from claims of unfair treatment or bias
• Ensure compliance with workplace laws and policies
• Maintain employee trust and confidence in workplace processes

Why Choose Bambrick Legal?

Experienced Advisors

Our team has extensive experience handling unfair dismissal and workplace investigation matters for employees and employers.

Tailored Solutions

We provide advice specific to your circumstances, ensuring a fair and efficient process.

Clear Communication

We guide you through every step, keeping you informed and supported.

Strong Advocacy

Whether it’s an unfair dismissal claim or a workplace investigation, we work to achieve the best outcome for you.

Timeframes & Remedies

Unfair dismissal claims must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect. Remedies for unfair dismissal can include:

• Reinstatement to your former role
• Compensation for lost wages (capped at 26 weeks’ pay)
• A statement of service to assist with future employment opportunities

Book a Free Consultation

If you believe you have been unfairly dismissed, need advice on defending a claim, or require assistance with a workplace investigation, contact Bambrick Legal today.

Our team is here to provide the expert guidance and representation you need to achieve the best possible outcome.