Unfair Dismissal

An unjustified dismissal is a personal grievance claim that an employee can bring against their employer. An employer must have a good reason to justify dismissal and must show that the dismissal was procedurally fair to the employee, otherwise the employee could be entitled to remedies for their unjustified dismissal personal grievance claim.

Employee Case Review Compensation

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.

Dismissed on a 90 day trial Dismissed on a Probationary Period Dismissed from casual employment Constructive Dismissal Dismissed from a temp agency Dismissed before starting work Redundancy

Showing 17-19 of 19 articles in Unfair Dismissal

WINZ My MSD Login Unfair Dismissal

Unfair Dismissal 19

Are you going to My MSD Login for a WINZ benefit? The WINZ 13 week non-entitlement stand down can be waived if you have been dismissed unfairly.

27 Jul 2021 Continue

Casual Employment Dismissal

Unfair Dismissal 19 Casual Employment 2

If a casual employee is unfairly dismissed by their employer during a period of casual engagement the employee can bring an unjustified dismissal claim.

24 Jul 2021 Continue

Labour Hire Triangular Employment Dismissal

Unfair Dismissal 19

Labour hire temp recruitment agencies and their clients can both become liable for unfair dismissal under the new Triangular Employment legislation.

24 Jul 2021 Continue

Unfair Dismissal 19 Employment Lawyers 11 Employment Law Advice For Employers 9 No Win No Fee 8 Employment Mediation 6 ERA Costs 4 Covid 19 3 Employment Court 3 Casual Employment 2 Constructive Dismissal 2 ERA 2 Holidays Act 2003 1 Redundancy 1