Unfair Dismissal Lawyers Brisbane
Have you been unfairly dismissed from your job? If you believe your termination was harsh, unjust, or unreasonable, you may have grounds for an unfair dismissal claim with the Fair Work Commission. Our experienced Brisbane employment lawyers can help you challenge your dismissal, seek reinstatement, and claim compensation for your losses.
What is Unfair Dismissal?
Unfair dismissal occurs when an employee's employment is terminated in a manner that is harsh, unjust, or unreasonable. Under the Fair Work Act 2009, eligible employees who have been unfairly dismissed have the right to make a claim to the Fair Work Commission to challenge their termination and seek remedies including reinstatement or compensation.
A dismissal may be considered unfair if there was no valid reason for the termination, you weren't given an opportunity to respond to allegations against you, the dismissal was procedurally unfair, or the termination was disproportionate to your conduct or performance issues. The Fair Work Commission assesses each case on its individual merits, considering all circumstances surrounding the dismissal.
Common Unfair Dismissal Situations
Procedural Unfairness
- No warning or opportunity to improve
- No chance to respond to allegations
- Inadequate investigation of issues
- Failure to follow company procedures
- Denied right to have a support person
- Summary dismissal without proper cause
Substantive Unfairness
- Dismissal without valid reason
- Disproportionate penalty for conduct
- Inconsistent treatment compared to others
- Performance issues not clearly communicated
- Dismissal during sick leave or workers comp
- Retaliatory or discriminatory dismissal
What Remedies Can You Seek?
Reinstatement to Your Position
The primary remedy for unfair dismissal is reinstatement to your former position with continuity of employment. This means returning to your job with the same terms and conditions, seniority, and benefits as if the dismissal had never occurred. The Fair Work Commission considers whether reinstatement is appropriate based on factors including your wishes, the nature of the dismissal, and whether the employment relationship can be restored.
Compensation for Lost Wages
If reinstatement is not appropriate or practical, you may be entitled to compensation for lost wages and benefits. The Fair Work Commission can order compensation of up to 26 weeks' pay (capped at the high income threshold if applicable). This compensates you for the income you lost due to the unfair dismissal and the impact on your future employment prospects.
Back Pay and Entitlements
If you're reinstated, you may receive back pay for the period you were not working, including wages, superannuation contributions, and other employment benefits. This ensures you're not financially disadvantaged by the period of unfair dismissal.
Protection from Future Mistreatment
If reinstated, the Fair Work Commission can include conditions in its orders to protect you from future adverse treatment, ensuring a safe return to your workplace. This may include requirements for mediation, workplace adjustments, or monitoring of the employment relationship.
The Unfair Dismissal Claims Process
Step 1: Urgent Initial Assessment
We recommend contacting us promptly after your dismissal. You have 21 days from the date of dismissal to lodge your claim with the Fair Work Commission, so time is limited. We will assess your eligibility, evaluate the merits of your matter, and advise you on the available options during a free consultation.
Step 2: Lodge Application with Fair Work Commission
We prepare and lodge your unfair dismissal application with the Fair Work Commission within the 21-day deadline. The application sets out the grounds of your claim and the remedy you're seeking. Your employer then has 7 days to respond, indicating whether they oppose your application.
Step 3: Conciliation Conference
The Fair Work Commission will arrange a confidential conciliation conference, usually by telephone, where a Commission member assists both parties to try to reach an agreement. Many cases settle at conciliation, avoiding the need for a formal hearing. We represent you throughout conciliation and advocate strongly for your interests.
Step 4: Hearing (if required)
If conciliation doesn't resolve the matter, your case proceeds to a formal hearing before a Fair Work Commission member. We prepare your case thoroughly, gather evidence and witness statements, and present compelling arguments on your behalf. The hearing is less formal than a court but requires skilled legal representation.
Step 5: Decision and Remedy
The Fair Work Commission will issue a written decision determining whether your dismissal was unfair and, if so, ordering an appropriate remedy. If you're successful, we ensure the orders are implemented and you receive the remedy you're entitled to, whether that's reinstatement, compensation, or another outcome.
How Our Brisbane Unfair Dismissal Lawyers Can Help
Unfair dismissal claims have strict time limits and complex legal requirements. Our experienced employment lawyers can assist with:
Urgent assessment and application lodgement to meet strict timeframes
Determine if you meet requirements for making an unfair dismissal claim
Compile employment records, witness statements, and supporting documentation
Skilled negotiation to seek an appropriate settlement outcome
Comprehensive preparation and advocacy at Fair Work Commission hearings
Advise on general protections or adverse action claims if appropriate
Critical 21-Day Time Limit
Unfair dismissal claims have one of the strictest time limits in employment law:
- 21 days: You must lodge your unfair dismissal application with the Fair Work Commission within 21 days of the date your dismissal took effect
- Extensions are rare: The Fair Work Commission may grant an extension only in exceptional circumstances, which are difficult to establish
- Count from dismissal date: The 21 days run from when your employment ended, not from when you received notice
Time limits are strict. Missing the 21-day deadline may result in losing your right to bring an unfair dismissal claim. We recommend contacting us promptly after your dismissal — even if you have not yet decided how to proceed, we can assess your matter and advise on your options.
What Our Unfair Dismissal Clients Say
Real feedback from clients we've helped with unfair dismissal claims
"Flexi Legal helped me navigate a complex unfair dismissal case. Their team was professional, responsive, and achieved an excellent outcome. I highly recommend their services."
Sarah M.
Unfair Dismissal Claim
"After being unfairly dismissed, I felt lost and didn't know where to turn. Flexi Legal took my case, fought hard for my rights, and secured a settlement that exceeded my expectations. I'm so grateful."
Michael T.
Fair Work Commission Matter
"Professional, knowledgeable, and genuinely caring. The Flexi Legal team understood the 21-day deadline urgency and moved quickly to lodge my claim. They kept me informed throughout and achieved reinstatement to my position."
Jennifer K.
Unfair Dismissal - Reinstated
Frequently Asked Questions
Serving clients across South East Queensland
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Take Action on Your Unfair Dismissal
Our Brisbane-based employment lawyers can advise you on your rights and represent you in unfair dismissal matters. Time limits are strict — contact us promptly for assistance.
Serving clients across Queensland | Bilingual service available