Unfair Dismissal: What It Is and Why It Happens

Unfair dismissal is a term that is used in labor law to describe the situation in which an employee is fired from their job for unjust reasons. This can be difficult for the employee, as they may not know why they were terminated, and may not have any recourse to take action against the employer. In this blog post, we will discuss what unfair dismissal is, and why it happens.

What is unfair dismissal and what are the grounds for it?


Unfair dismissal is when an employee is terminated from their job in an unfair or unjustifiable manner. This could be due to a variety of reasons, such as discrimination, unfair performance management, or breach of contract. If an employee feels that they have been unfairly dismissed, they may be able to lodge a claim with the Fair Work Commission. In order to succeed in an unfair dismissal claim, the employee must demonstrate that the dismissal was harsh, unreasonable, or disproportionate. They must also show that they were not given a valid reason for the dismissal, or that the reason given was not a valid reason for dismissal under the Fair Work Act 2009. If the employee is successful in their claim, they may be awarded reinstatement, compensation, or both.

How do you know if you’ve been unfairly dismissed?

Unfair dismissal is a complicated legal issue, and it can be difficult to know whether or not you have been treated unfairly. Generally speaking, you may have been unfairly dismissed if your employer has failed to follow proper procedure, if you have been treated differently than other employees in similar situations, or if you have been subjected to unreasonable or unlawful workplace requirements. If you believe that you may have been unfairly dismissed, it is important to seek legal advice as soon as possible. An experienced solicitor will be able to assess your case and advise you on the best course of action.

What are your options if you’ve been unfairly dismissed?


Being dismissed from your job can be a very stressful experience. If you feel that you have been unfairly dismissed, there are a few options available to you. Firstly, you could try to negotiate with your employer. This may be successful if you have been dismissed for a minor infraction or if there is some misunderstanding. However, it is important to be aware that your employer is under no obligation to reinstate you. If negotiation is unsuccessful, you can lodge a complaint with the Fair Work Commission. This is a government body that deals with disputes

between employees and employers. The Commission will investigate your case and, if they find in your favour, they may order your employer to reinstate you or pay you compensation. Finally, you could take legal action against your employer. This is a more expensive and time-consuming option, but it may be necessary if you have suffered financial loss or damage to your reputation as a result of your dismissal. Whatever course of action you decide to take, it is important to get professional advice so that you can ensure that your rights are protected.

How can a lawyer help with an unfair dismissal case?

Unfair dismissal is a serious issue that can have a significant impact on an individual’s livelihood. If you have been unfairly dismissed from your job, it is important to seek legal advice as soon as possible. A lawyer can help you to understand your rights and options, and can provide invaluable support throughout the process of pursuing a claim. They can also help to gather evidence and compile a strong case, which can increase the chances of success. While it is possible to pursue an unfair dismissal claim without legal representation, having a lawyer on your side can give you the best chance of achieving a positive outcome.

What are the chances of winning an unfair dismissal case?


There is no easy answer when it comes to the chances of winning an unfair dismissal case. The outcome of any such case will depend on a number of factors, including the evidence presented and the strength of the argument. However, there are some general principles that can be applied in order to increase the chances of success. For example, it is important to ensure that all relevant evidence is gathered and presented in a clear and concise manner. It is also important to have a strong legal team who can effectively argue your case. Ultimately, though, the outcome of an unfair dismissal case will always be difficult to predict.


Unfair dismissal is a serious issue and if it has happened to you, you need to take action. Speak to an employment lawyer who can help you understand your rights and guide you through the process of filing a claim. The chances of winning an unfair dismissal case are high, but it’s important to have a qualified professional on your side. Contact us today for a free consultation and we will be happy to discuss your case with you.

Written by Philip Goguen

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