Have you recently been dismissed by your employer? Do you feel that you were unfairly dismissed from your job? If so, there is a process that you should follow procedure and lodge an unfair dismissal complaint to the Fair Work Commission (FWC) to begin your claim. With the help of an experienced team of unfair dismissal lawyers, you will have every chance of having your dismissal overturned and gaining the compensation you deserve.
Losing your job for any reason can have a devastating impact on your life. Not only will it impact your financial position but it can also cause a huge amount of stress and anxiety. When you are dismissed unfairly, the situation can seem even worse as you will naturally feel hard done by and searching for answers as to what went wrong. To avoid ending up in this situation, you need to contest your dismissal and file your complaint.
Let’s take a look at the steps you need to follow if you think that your employer has unfairly dismissed you.
What Constitutes An Unfair Dismissal?
If your employer fires you in a harsh, unjust or unreasonable manner, or you felt you had no choice but to quit due to something that your employer did, you may have a case for unfair dismissal. In this instance, you have twenty-one days from the date of your dismissal to lodge an unfair dismissal complaint to the FWC.
Preparing Your Application
Before you begin the process of contesting your dismissal, it’s important to understand that making an unfair dismissal application is a legal process. As such, the proper procedures need to be followed and the process should be treated with respect and taken seriously.
To prepare your application, simply download the application form (Form F2) from the Commission’s website and fill out the necessary details. This form will include your contact details, any representation you have and the details of your former employer. You must also include details about your previous employment such as when you started work, when you were notified of your dismissal and when your last day of work was. It’s also important to highlight the reason your employer stated for your dismissal and why you believe the dismissal to be unfair. You will need to sign and date the document.
Be sure to include as much detailed information as you possibly can. Every question on the form should be answered and if a question on the form is not relevant to your circumstances, answer it with ‘not relevant. Failing to complete your form incorrectly could result in delays with your application or even a dismissal of your case.
When you are lodging your application, you will need to include the appropriate fee. The fee amount is adjusted on the first of July each year so be sure to check what the correct amount is before lodging your application. If for any reason, the matter is discontinued before a hearing has taken place, your application fee will be refunded.
Lodging Your Application
You can lodge your completed application by email, fax or even over the phone. However, the quickest and easiest way to lodge your application is online. Once your application has been lodged the Commission will send your previous employer a copy of the application, from which time they have seven days to respond to your claim, outlining why they think the dismissal was indeed fair and list any objections they may have to the application.
If You Have Been Unfairly Dismissed Be Sure To Contest Your Dismissal
In many cases, employers can be rash or unjust in dismissing an employee. If you don’t take action within twenty-one days, however, you will have no chance to contest your dismissal. If you feel that your employer has unfairly dismissed you, be sure to follow the steps above to lodge your application and begin the legal process of pursuing your unfair dismissal case to get a fair outcome.