- Call us: 1800 565 975
- info@fairworkplacesolutions.com.au
- 308/20A Lexington Dr, Bella Vista NSW 2153
Are you facing an unfair dismissal claim? You have just 7 days to respond to the Fair Work Commission with Form F3. Acting quickly is essential to protect your business interests and mount an effective defence.
We’re the unfair dismissal lawyers Sydney employers and employees trust to fight for their rights in the workplace. Based in Bella Vista, we provide fair, honest, and direct legal advice to both employers and employees across Australia.
Our team of specialist employment lawyers, led by Principal Solicitor Shelly Tamas and Senior Employment Lawyer Massi Tamas, regularly appear before the Fair Work Commission and other tribunals. Our unique advantages include:
Unfair dismissal occurs when your employment termination is harsh, unjust, or unreasonable. The definition is clearly outlined in the Fair Work Act 2009 and includes situations where:
| Requirement | Details |
|---|---|
| Employment Period | 6 months continuous service (or 12 months for small businesses with under 15 employees) |
| Income Threshold | You earn less than $183,100 per year OR are covered by an award/enterprise agreement. |
| Dismissal Type | You were dismissed (not a genuine redundancy) |
| Time Limit | You can lodge within 21 days of dismissal |
The Fair Work Commission can order:
Note: Most employees receive between 5-7 weeks’ pay as compensation
As an employer, you have 7 days to respond to an unfair dismissal claim using Form F3. Your response must address:
As an employer, you have 7 days to respond to an unfair dismissal claim using Form F3. Your response must address:
If you employ fewer than 15 people, you can rely on the Small Business Fair Dismissal Code as a complete defence. The Code allows dismissal without notice for:
The majority of our services are fixed fee with no hidden costs including consultations, contracts and some claims.
We charge on an hourly basis depends on the situation and upon your approval.
We offer a retainer option for business owners who want ongoing services with no lock in contract. This gives you peace of mind that an employment lawyer is on-call and ready to assist you whenever you need it. It will also reduce the administrative burden of bulk legal services billing.
Under Australian employment law, employers must have a valid reason that is “sound, defensible or well founded” to dismiss an employee. The Fair Work Commission recognises five primary categories of fair reasons for dismissal: conduct/misconduct (including both general misconduct like poor timekeeping and serious misconduct such as theft, fraud, or workplace violence), capacity/incapacity (when an employee cannot perform the inherent requirements of their role due to inability, illness, or lack of necessary skills), performance (consistently failing to meet required standards despite being given training and improvement opportunities), redundancy (when the position is genuinely no longer required due to business changes), and some other substantial reason (covering legitimate business reasons like statutory illegality or irretrievable breakdown of working relationships).
Regardless of the reason, employers must follow proper procedures including providing procedural fairness, conducting appropriate investigations, documenting everything, and giving employees opportunities to respond to allegations.
Generally, you can be dismissed for poor performance without prior warning in Australia, but this would likely constitute unfair dismissal if you have gained access to unfair dismissal. This means that you have over 6 months continuous service in a large organisation over 15 employees or 12 months for small businesses with under 15 employees.
Under Section 387(e) of the Fair Work Act 2009, the Fair Work Commission must specifically consider “whether the person had been warned about that unsatisfactory performance before the dismissal” when determining if a performance-related dismissal was unfair. While there is no legal requirement for three warnings (a common misconception), employers must provide procedural fairness which includes notifying employees of performance concerns and giving them an opportunity to respond and improve. The key distinction is between poor performance (where an employee tries their best but lacks skills/training) and serious misconduct (deliberate violations that can justify immediate dismissal without warning). For performance issues, employers are expected to follow a fair process involving clear expectations, feedback, warnings, and improvement opportunities – failing to do so typically results in the Fair Work Commission finding the dismissal harsh, unjust or unreasonable. The only exception would be if the poor performance was so egregious that it constituted serious misconduct, but genuine performance issues usually require warnings and support before dismissal can be considered fair.
The median compensation amount for unfair dismissal in Australia is between 5-7 weeks’ pay. This figure represents the middle point of all compensation awards, meaning half of successful claimants receive less than this amount, and half receive more.
The median compensation payout was $13,320 in 2020-2021. The median is consistently reported as 5-7 weeks’ pay.
The most common remedy for unfair dismissal in Australia is compensation (monetary payout) rather than reinstatement. While the Fair Work Act 2009 states that reinstatement is the “primary remedy,” statistics show that compensation is awarded in the vast majority of successful cases. According to data from the Fair Work Commission, only about 1% of unfair dismissal conciliations result in reinstatement, and just 6-9% of cases that proceed to formal hearings result in reinstatement orders. In contrast, approximately 63% of conciliated cases and 69% of formal hearings result in monetary compensation. This occurs because the Fair Work Commission can only order compensation if it considers reinstatement “inappropriate,” which is typically the case due to factors such as breakdown in employment relationships, lack of available positions, or practical considerations that make returning to work unfeasible.
For Employees – Don’t let an unfair dismissal define your future. At Fair Workplace Solutions, we’re committed to fighting for your workplace rights and achieving the best possible outcome for your case.
For Employers – Protect your business from costly unfair dismissal claims. We provide strategic defence and preventive advice to keep your business compliant and protected.
1800 565 975
in**@************************om.au
Unit 308/20A Lexington Dr, Bella Vista NSW 2153
We can take out of hours calls upon request.
Monday – Friday
09:00 am – 05:00 pm
Saturday & Sunday
By Appointment
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