Disclaimer: The below information is general advice in relation to your employment rights and entitlements, however the the best way to prevent your rights being exploited at work is to join a union.
Have you been fired from your job in a harsh, unjust or unreasonable manner?
If you are fired on the spot or if you feel that you have been unfairly fired (dismissed) from your job and you where hired on a permanent contract, you may be entitled to lodge an unfair dismissal application at the Fair Work Commission.
Lodging an Unfair Dismissal Application
To be able to lodge an Unfair Dismissal Application, the circumstances surrounding your employment and the dismissal must meet a certain criteria.
- You have to be employed for at least 6 months (12 months for small businesses) before you can apply for unfair dismissal.
- You must have been employed under a part-time, full-time or temporary contract.
- You must submit your application within a 21 day time frame.
If you believe you have been unfairly dismissed there is a quiz you can take on the Fair Work Commissions website.
Join Your Union SOONER rather than LATER
Going through the process of an Unfair Dismissal at the Fair Work Commission is stressful and time consuming. The added benefit of being a member of a trade union means that in the event you have been unfairly dismissed and you are eligible to lodge an application, your union can represent you throughout the process.
However, representing workers in an Unfair Dismissal is also costly to unions and generally unions will only represent members if they have been a member of the union for at least 6 – 12 months (depending on the union). This is because the union is funded by union memberships and unions try to serve their long time member’s to their best ability.
This is one of the many reasons you should join a union before you need any industrial assistance.