Unfair dismissal is one of the most pressing issues that Australians face every year. It can negatively impact an employee’s financial situation, mental health, and even physical health. Fortunately, unions all over the country have started movements on how to properly and fairly address unfair dismissal. A local union can help you understand your rights and fight for unfair dismissal cases.
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What Counts as Unfair Dismissal?
Unfair dismissal happens when an employer fires an employee in a way that is unjust or unreasonable. These reasons go against the Fair Work Act and must be addressed immediately. These examples may count as unfair dismissal:
- Lack of a Valid Reason: If an employer fires an employee due to personal reasons or reasons unrelated to work performance or business needs, then it is grounds for unfair dismissal.
- Discriminatory Reasons: Dismissal due to discrimination against race, gender, sexual orientation, and so on is a form of unfair dismissal.
- Failure to Follow Proper Procedure: Employers must follow company protocol when dismissing an employee. This includes addressing any concerns that the employee may have and giving the employee a chance to improve their work performance.
What To Do After Unfair Dismissal
Your local union can provide additional guidance and support when dealing with an unfair dismissal case. If you or someone you know has been unjustly dismissed, it’s important to take the appropriate action steps.
- Assess the Situation: Go over the entire dismissal case and gauge whether it is fair or not. A union can help determine if the company followed all appropriate procedures when dismissing an employee. They can also identify any legitimate or illegitimate reasons at play.
- File an Official Claim or Complaint: For Australian employees, if you believe the reasons for dismissal were unfair or unjust, you can file an official complaint with the Fair Work Commission. They assess your case and determine if the dismissal was fair or not. This must be done within 21 days of being dismissed.
- Seek Advice From Your Union: Your local union can provide additional guidance and advice regarding unfair dismissal, redundancy, and understanding your rights.
How Unions Help Address Unfair Dismissal?
Unions play a vital role in protecting workers from unfair treatment. They provide expert advice, legal representation, and emotional support throughout the process. By standing together, union members have a stronger voice when challenging unjust decisions and negotiating fair outcomes.
