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| Entitlement | Description |
|---|---|
Lost Wages |
Compensation is generally capped at 26 weeks’ pay or half of the high-income threshold, whichever is lower. |
Superannuation |
In some cases, the Commission may include lost superannuation contributions in the compensation. |
Exclusions |
Compensation cannot include amounts for emotional distress, pain, suffering, or reputational damage. |
The Commission considers factors such as how long you would have remained employed, efforts to find new work, and whether any misconduct contributed to your dismissal.
Our professional unfair dismissal lawyers can guide you through the claims process and ensure you receive all the benefits you’re entitled to. Contact Wyatts Lawyers at 1800 773 880 to get your free claim check.
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What’s the Difference Between Unfair Dismissal and Wrongful Termination?
Wrongful termination occurs when an employer breaches the terms of an employment contract under common law (e.g., failing to provide proper notice). Some examples include dismissing an employee without following contractual notice periods or ending a fixed-term contract before its agreed expiration.
Meanwhile, unfair dismissal is a broader claim under the Fair Work Act 2009, covering cases where dismissal is harsh, unjust, or unreasonable. It could be firing an employee for poor performance without prior warning, a chance to improve, or not informing an employee of performance expectations.
Contact Wyatts’ professional unfair dismissal lawyers at 1800 773 880 today to understand the difference between both terms.
How Do I Submit an Employment Law Claim for an Unfair Dismissal?
To submit an unfair dismissal claim under the employment law, follow these steps:
- Check Eligibility – Ensure you meet the requirements, including the minimum employment period (6 months or 12 months for small businesses) and the high-income threshold (unless covered by an award or agreement).
- Lodge Your Claim – Submit an Unfair Dismissal Application (Form F2) to the Fair Work Commission within 21 days of your dismissal.
- Provide Evidence – Gather supporting documents such as termination letters, emails, performance reviews, and witness statements.
- Conciliation Process – The Fair Work Commission may arrange a conciliation meeting to resolve the dispute through negotiation.
- Hearing & Decision – If no agreement is reached, a formal hearing may be held, and the Commission will decide on possible compensation or reinstatement.
If you need help, our employment law experts are ready to guide you through the process. Call Wyatts at 1800 773 880.
How Long After an Unfair Dismissal Can I Make a Claim?
You must lodge your unfair dismissal claim with the Fair Work Commission within 21 days from the date your employment ended. If you miss this deadline, you may only be able to submit a claim in exceptional circumstances, which the Commission will assess on a case-by-case basis.
Our expert unfair dismissal lawyers are here to guide you through the process and ensure you meet all necessary deadlines. Call us at 1800 773 880 for assistance today.
Why Should I Work With an Unfair Dismissal Claims Lawyer?
Navigating an employment law claim requires you to be vigilant and have the legal knowledge to get maximum compensation out of your suffering. Wrongful termination cases usually involve contract breaches, which go through court. Meanwhile, unfair dismissal claims go through the Fair Work Commission and have different eligibility requirements.
Wyatts’ experienced employment law lawyers will:
- Ensure all your mental and financial injuries are thoroughly assessed
- Provide personalised advice tailored to your situation
- Handle negotiations with insurers to secure the maximum compensation
- Represent you in disputes or appeals if your claim is denied
- Work on your behalf so you can focus on your recovery
Having the right legal team ensures you achieve the best possible outcome.
How Do No Win No Fee Lawyers Work?
Wyatts operates on a No Win, No Fee basis, meaning you won’t pay legal fees unless your case is successful. This allows you to pursue your claim without financial risk. Always check what is covered under the No Win, No Fee agreement to avoid unexpected costs.
Can I Claim Unfair Dismissal If I am a Platform Worker?
If you work in the road transport industry and believe you were unfairly terminated, you may have the right to challenge your dismissal through the Fair Work Commission. A legal expert can assess your situation and advise whether you’re eligible to file a claim and what steps to take next.
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