Unfair Dismissal

Unjustified Dismissal

For an employer to justify dismissal, the following criteria must be met:

• A fair and reasonable process must be undertaken.
• The employee should be provided with access to relevant information.
• The employee should be allowed to have a support person present if they request.
• The employee should be given the opportunity to respond and give information on their side of the story.
• The employer should genuinely and genuinely consider the employee's response, and any information given.
• The decision should be made by an unbiased decision-maker, and should be one that a fair and reasonable employer would have made in all the circumstances (section 103A - test of justification).
• An employer should provide a written outcome letter explaining their decision, including the employee's right to raise a personal grievance.

We would be happy to assist you with raising a personal grievance claim and pursuing remedies for their unjustified dismissal personal grievance claim.