Australian Manufacturing Workers' Union

 

JOIN US

Unfair Dismissal

The AMWU believes that no person should sacked unfairly. Everyone has the right to be treated fairly at work.

The Fair Work Act provides protection for people that have been unfairly dismissed.

What is Unfair Dismissal?

If you are sacked “harshly, unjustly or unreasonably” you might have a claim for unfair dismissal. While employers can terminate employees for a “valid reason”, your boss must ensure you are given procedural fairness. You might also have a claim if you resigned because your employer’s conduct was such that you had no other option.

Who is covered by Unfair Dismissal Laws?

You might have a claim for unfair dismissal if:

  • your termination was harsh, unjust or unreasonable
  • you were not afforded procedural fairness
  • you have worked for your employer for at least 6 months or 1 year for a small business
  • You earn below the high income threshold
  • You are covered by an award or agreement

Are there time constraints?

Yes. You have 21 days to lodge an application for Unfair Dismissal so make sure you contact us immediately if you think you’ve been unfairly dismissed.

What should I do if I think I’ve been Unfairly Dismissed?

Contact us immediately. One of our expert industrial officers or organisers will talk you through the process and provide advice as to whether you have a claim. Make sure you bring any relevant documents and take detailed notes about what happened.

Share on

News

Apr 28, 2017

Cbus Super chases lost super for members

This is sponsored content from CBus Superannuation.  Between October and December 2016 Cbus collected over...


Apr 28, 2017

Mondelez Survey Result

We asked you to share your views on the collective agreement offer by Mondelez and...


Apr 13, 2017

IndustriALL campaign against asbestos targets Rotterdam Convention

IndustriALL Global Union continued its campaign to end the deadly asbestos trade in a meeting...

Happening now