Unfair Dismissal
Losing your job can be one of the most stressful experiences in your working life, especially if you feel the dismissal was unjustified. In Australia, employees have rights under the Fair Work Act, and if you’ve been terminated unfairly, you may be entitled to compensation or even reinstatement.
At DM Employment Law, our unfair dismissal lawyers act quickly to protect your rights. We provide clear, practical advice and strong representation to help you achieve the best possible outcome.
What is Unfair Dismissal?
Unfair dismissal happens when an employee is sacked in a harsh, unjust, or unreasonable way. Common examples include:
Dismissal without a valid reason
Lack of due process. ie. No warning or chance to improve performance
Terminated while on sick leave, maternity leave, or after raising a workplace complaint
Discrimination-based termination, such as age, gender, race, disability, or family responsibilities
Forced resignation (constructive dismissal) where working conditions became intolerable
If any of these apply to you, it’s important to seek advice immediately.
⚠️ Strict time limits apply. Unfair dismissal claims must usually be lodged with the Fair Work Commission within 21 days of your dismissal.
How Our Unfair Dismissal Lawyers Can Help
We guide you through the entire process, step by step:
Case Assessment
We review your employment history, contract, and circumstances of dismissal.
You’ll get a clear explanation of your legal rights and whether you have a valid claim.
Filing the Claim
If eligible, we prepare and lodge an application with the Fair Work Commission on your behalf.
Negotiation & Mediation
We aim to resolve your matter quickly through conciliation.
Many cases settle with compensation, payout, or agreed references.
Representation at Hearings
If required, we represent you at Commission hearings to fight for the best outcome.
Why Choose DM Employment Law?
Specialists in Employment Law. Unfair dismissal is one of our core areas of practice.
Nationwide Service. Whether you’re in Melbourne, Sydney, Brisbane, Adelaide, or Perth, we assist clients across Australia.
Clear, upfront advice. We explain your options in plain language.
Strong negotiation skills. Many cases resolve quickly and favourably without needing a full hearing.
Dedicated support. We guide you through every step until your case is finalised.
Possible Outcomes of an Unfair Dismissal Claim
Depending on your circumstances, outcomes may include:
Compensation for lost wages (up to a statutory maximum of 26 weeks’ pay)
Reinstatement to your job
Amendments to your employment record (e.g. resignation instead of dismissal)
Settlement agreements that allow you to move forward with dignity and financial security
Frequently Asked Questions
If your employer didn’t have a valid reason, didn’t follow a fair process, or dismissed you for discriminatory reasons, you may have a claim.
You usually have 21 days from the date of dismissal to lodge an application with the Fair Work Commission.
If you were forced to resign due to your employer’s conduct (constructive dismissal), you may still have a claim.
It depends on your case. The Commission can award up to 26 weeks of pay, but settlements often vary depending on length of service, wages, and circumstances.