Unfair Dismissal: What To Do If You’ve Been Sacked Without Just Cause
Losing your job can be stressful, but being let go unfairly is something no worker should have to accept quietly. Unfair dismissal is more common than many people realise, and in Australia, there are laws in place to protect workers from being sacked without a valid reason or fair process.
To understand your rights and how to respond, visit the unfair dismissal factsheet provided by Australian Unions.
What is Unfair Dismissal?
Unfair dismissal occurs when an employee is terminated in a harsh, unjust or unreasonable way. This could include being fired without a valid reason, without warning, or without being given a chance to respond to allegations.
Common Examples
- Being dismissed for raising a workplace safety concern.
- Losing your job without proper warning or performance reviews.
- Termination based on personal characteristics like gender, age, or pregnancy.
- Being let go during illness or immediately after returning from leave.
If any of these sound familiar, you may have grounds to challenge your dismissal.
Who Is Protected?
Under the Fair Work Act, most employees are protected from unfair dismissal if they:
- Have worked for the employer for at least 6 months (12 months for small businesses)
- Are covered by a modern award or enterprise agreement
- Earn under the high-income threshold (unless otherwise covered)
It’s important to act quickly; claims must generally be made within 21 days of the dismissal taking effect.
Steps to Take If You’ve Been Dismissed
- Stay calm and document everything: keep emails, messages, payslips and contracts.
- Request a written reason for dismissal: Your employer should provide this on request.
- Speak to your union: They’ll assess your case and help prepare a claim if necessary.
- Lodge a claim with the Fair Work Commission: Your union can help you throughout this process.
How Unions Can Help
Unions are your best line of defence against unfair dismissal; they:
- Represent members during disciplinary processes
- Challenge unlawful or unjust dismissals
- Provide legal support and representation at the Fair Work Commission
- Help secure compensation or reinstatement if your claim is successful
An unfair dismissal can feel personal, but you’re not alone, and you do have rights. Whether you’ve been let go with no reason, dismissed during a vulnerable time, or targeted unfairly, help is available.
