The summer holidays can be a busy yet challenging time for employees, especially those in casual or seasonal roles. Unfortunately, some workers may find themselves facing unfair dismissal during this period. If you’ve been dismissed unfairly, it’s essential to know your rights and take the appropriate steps to address the situation.
What Is Unfair Dismissal?
Unfair dismissal occurs when an employee is terminated in a way that is harsh, unjust, or unreasonable. In Australia, the Fair Work Act outlines specific criteria for determining whether a dismissal is unfair. Common examples include being dismissed without valid reasons, not being given a chance to improve performance, or being let go in violation of workplace policies or agreements.
Steps to Take if You Face Unfair Dismissal
1. Stay Calm and Gather Information
Although being dismissed can be stressful, it’s important to remain calm. Collect any relevant documents or evidence that can support your claim, such as employment contracts, emails, or termination notices. Make detailed notes about the circumstances surrounding your dismissal, including dates, conversations, and reasons given by your employer.
2. Check Your Eligibility
Not all workers are eligible to make an unfair dismissal claim. To qualify, you must:
- Have been employed for at least 6 months (12 months for small businesses with fewer than 15 employees).
- Be covered by an award, enterprise agreement, or earn less than the high-income threshold (currently $162,000 as of 2024).
3. File a Claim with the Fair Work Commission
If you believe your dismissal was unfair, you can lodge a claim with the Fair Work Commission (FWC). It’s crucial to act quickly, as you have only 21 days from the date of dismissal to file your application.
4. Seek Legal Advice
Consulting an employment lawyer or union representative can help you understand your rights and strengthen your case. Many community legal centres and unions offer free or low-cost assistance for workers facing unfair dismissal.
5. Consider Mediation
The FWC often encourages mediation to resolve disputes. This process allows both parties to discuss the situation and potentially reach a fair agreement without going to a formal hearing.
Protect Your Rights
Facing unfair dismissal during the summer holidays can be daunting, but you don’t have to navigate it alone. Understanding your entitlements and seeking timely advice can help you achieve a resolution. Remember, the Fair Work Commission is there to ensure that employers uphold their responsibilities and treat employees fairly, even during the holiday season.
If you’re unsure about your situation, don’t hesitate to seek professional advice—it’s a vital step towards protecting your rights and securing the outcome you deserve.
