UNFAIR DISMISSAL CLAIMS

Fair Work claims can be intimidating for any business owner. Once you are made aware of an unfair dismissal or general protections application, there are certain steps you must take to properly respond to the claim within a specific timeframe. Rather than respond with confusion and bewilderment, you can seek assistance from experienced employment lawyers who can help inform and support a strategic and commercial response to any claim.

How we can help

protect you

Whether it’s the Local Court, the Fair Work Commission or the Federal Court, the team at NRA Legal lift the weight off your shoulders and help deal with the claim on your behalf – we are on your side. Our lawyers can represent you and your business in any court in Australia - whether it’s an unfair dismissal claim in the Fair Work Commission or a pay dispute in the Federal Court. We have a proven track record in devising the most effective strategy for businesses, delivering expert execution and advocating on their behalves.

Time is of the essence in litigation, and the longer you leave it, the harder it is to put your best foot forward. The first step is to talk to us so we can accurately assess your case.

If you’ve been sent a Fair Work Claim and don’t know how to progress, let us help. No more second guessing. Time is of the essence in litigation, and the longer you leave it, the harder it is to put your best foot forward.

1800 572 679

Frequently

asked questions

What is an unfair dismissal claim?

An unfair dismissal claim is a claim made by employee whose employment has ended, seeking reinstatement to their former employment or compensation from their former employer, on the basis that their dismissal was unfair.

Applications for unfair dismissal are made to the Fair Work Commission. The Fair Work Commission will generally consider whether the dismissal was harsh, unjust or unreasonable. Specifically, they will consider:

there was a valid reason for dismissal; and
whether the process undertaken to dismiss an employee was procedurally fair.

If an employee can successfully demonstrate their dismissal was harsh, unjust or unreasonable, the Fair Work Commission has the power to order reinstatement to the employee’s previous position or alternatively, compensation up to 26 weeks’ pay.

What should an employer do if they are notified about a claim against them?

An employer who receives notice of a claim against them (in either the Fair Work Commission or a Court) should seek legal advice immediately. When an employer receives a claim, the clock will already be ticking on the employer’s timeline for responding so seeking advice promptly is imperative.

Once an employer has filed a response to the claim, the next steps will usually involve attendance at a conciliation conference. The purpose of this conference is to explore whether the employee and employer can negotiate a resolution of the claim without proceeding to a hearing.

Employers should never ignore a claim. To do so, risks an order for reinstatement or compensation being made against them.

What happens if a claim doesn’t settle in a conciliation conference?

If a claim is resolved at the conciliation conference, the parties will sign binding settlement terms reflecting the agreed outcomes.

If the claim cannot be resolved at a conciliation conference, the Fair Work Commission or a Court will program the steps to be completed by each party before the matter proceeds to a formal hearing. These steps will usually involve the filing of evidence and legal submissions.

If an employer does not successfully defend a dismissal-related claim, the employer may be required to reinstate the employee or pay compensation.