The Problems People Bring to Us
An unfair dismissal claim asks whether a dismissal was "harsh, unjust or unreasonable". The situations we see again and again are:
- Dismissal over a single incident, often after years of good service, where the employer treated a mistake as serious misconduct.
- No real chance to respond. You were called into a meeting and dismissed, or given allegations and a decision at the same time.
- Performance dismissals without warning. No clear warning, no fair opportunity to improve, or a performance plan that was never genuine.
- "Redundancy" that was not genuine. Your role was said to be gone, but the work continued, you were not consulted as your award or agreement required, or there was a job you could have been redeployed to.
- Shifting reasons. The employer gave one reason at the time and has since given another.
How We Help, Stage by Stage
First Discussion
The first thing we fix is the deadline. A national system employee has 21 days from the day the dismissal took effect to lodge an unfair dismissal application with the Fair Work Commission (s 394(2)(a) of the Fair Work Act 2009 (Cth)). If you work for a sole trader, a partnership, a WA local government or the WA public sector, you are probably in the WA state system, and the limit is 28 days to refer a claim to the WAIRC. We also check the threshold questions: whether you served the minimum employment period, whether you are covered by an award or agreement or earn under the high income threshold, and whether another claim, such as general protections, fits your facts better.
What you get: the date your claim must be lodged by, the claim or claims open to you, and whether we think it is worth pursuing.
Reviewing Your Documents
We read the termination letter, any show cause correspondence, warnings, your contract and the award or agreement, and compare the employer's reasons with what actually happened.
What you get: a view of the weak points in the employer's case and the gaps in ours, so there are no surprises later.
Advice on Your Options
Unfair dismissal remedies are reinstatement or compensation, and compensation is capped. We explain what a realistic outcome looks like in a matter like yours, what the process costs in time and stress, and whether an early approach to the employer makes sense before lodging.
What you get: a clear recommendation and a plan.
Negotiating
Sometimes a well-put letter resolves the matter before a claim is needed. More often the claim is lodged to protect the deadline and negotiation runs alongside it.
What you get: someone who deals with the employer or its lawyers for you, and advice on every offer.
The Commission Process
We prepare and lodge the application, answer the employer's response, and prepare you for conciliation, a confidential conference with a conciliator where most claims are first discussed. We represent you there. If the matter does not resolve, we advise you on whether to go on to a hearing and, if you do, prepare the evidence and submissions.
What you get: representation at every step, and a lawyer who knows the file.
Settlement and the Deed
Most unfair dismissal matters that resolve are recorded in a deed of settlement and release. We review or draft it, including the payment terms, how your departure is described, any reference, and confidentiality.
What you get: a deed you understand before you sign it.
What to Bring to the First Conversation
- The exact date your employment ended. This is the one thing we cannot work without.
- The termination letter, email or message, or your written note of what you were told, by whom and when
- Your employment contract and any variation
- Payslips, including the most recent one
- Any warnings, performance reviews, show cause letters or investigation findings
- The name of your award or enterprise agreement, if you know it
- Any emails or messages about the reason for the dismissal
- Whether you have found other work, and what you are doing to look
How We Have Helped
A long-serving employee was dismissed after a single incident, with little chance to respond to what was alleged. We lodged an unfair dismissal claim within the time limit and represented them at conciliation, where we put their long record and the flaws in the process to the employer. The claim was resolved by agreement and recorded in a deed.
An employee was dismissed for poor performance without any clear warning that their job was at risk or a fair chance to improve. We lodged a claim, set out the missing steps, and negotiated with the employer. The matter was resolved without a hearing.
A senior employee was told their position was redundant after a restructure, and doubted that the redundancy was genuine. We examined how the decision had been made, brought a claim arguing it was not a genuine redundancy, and the matter was resolved by agreement.
Every matter is different. These examples are general and do not indicate the outcome of any other matter.
Talk to Us
The 21-day deadline is strict, and it starts from the day the dismissal took effect, not from when you get advice. Call (08) 9470 2777 or contact us online for a free and confidential initial discussion about whether you can lodge a claim.
Read more: Unfair Dismissal: the Law · What To Do If You've Been Dismissed · The WA State System