Unfair Dismissal Support & Advice In Melbourne
Have You Been Unfairly Dismissed?
Dedication and hard work should be valued, but for many Australians, the reality is far from fair.
Being called into a meeting only to be informed of a sudden dismissal—without warning or explanation—is a distressing experience.
Unfortunately, this happens to thousands of employees each year. But If your termination was unjust or without due cause, you may have grounds to challenge it and protect your rights – and we’re here to help you do just that.
Know Your Rights, Protect Your Future
Here’s the good news: unfair dismissal laws exist in Australia to protect employees from exactly these kinds of situations. At Close Consulting, we specialise in helping people just like you navigate unfair dismissal claims and unfair dismissal applications.
What Constitutes Unfair Dismissal?
Unfair dismissal is when an employee is let go from their job in a way that’s deemed to be “harsh, unjust, or unreasonable” under Australian employment law. Section 385 of the Fair Work Act 2009 (Cth) spells out the criteria, including whether the dismissal was legitimate and whether the process used was fair. But what does “harsh, unjust, or unreasonable” really mean?
Harsh – When the dismissal seems overly severe given the employee’s actions or the situation. Maybe they made a small mistake, but the punishment doesn’t quite fit the crime.
Unjust – If the dismissal was based on unfair treatment, bias, or even discrimination, it could fall under this category.
Unreasonable – This happens when there simply wasn’t a valid reason for the dismissal, or if the employer didn’t give the employee an opportunity to respond to allegations, especially in cases of alleged unsatisfactory performance.
Who Is Eligible For Unfair Dismissal?
To make an unfair dismissal application, an employee must have met the minimum employment period: six months with an employer, or twelve months if the business is considered small. These protections cover full-time, part-time, and eligible casual employees.
Unfair dismissal claims are handled by the Fair Work Commission, which considers several factors, including the reason for dismissal, whether the employee had a chance to improve, and if any procedural flaws marred the process.
In some cases, an employee might feel forced to resign due to the employer’s conduct. This is known as constructive dismissal — where work conditions become so intolerable that the employee feels they have no choice but to leave. If proven, constructive dismissal can be grounds for an unfair dismissal claim.
How Our Unfair Dismissal Experts Can Help You
Our team of unfair dismissal experts understand both the emotional and legal aspects of these
cases and are ready to support you every step of the way.
Free Initial Consultation
Many people hesitate to seek help because they think it’ll be expensive. We start with a free consultation to understand your situation and assess the likelihood of a successful unfair dismissal application.
Case Assessment
Our unfair dismissal experts will examine the details of your case, seeing if you meet the criteria for unfair dismissal under the Fair Work Act, including whether your employment relationship and employment contract have been properly respected. We also assess any applicable enterprise agreements that might impact your dismissal rights.
Documentation Preparation
A strong case requires solid documentation. We help you gather and organise the necessary documents, from termination letters to performance reviews.
Representation & Negotiation
If your case proceeds, we’ll represent you before the Fair Work Commission and negotiate with your former employer, ensuring that your rights are defended and your voice is heard.
The Close Consulting Process
Case Management
We’ll make sure to handle the details of your case, making sure everything is in order before any discussions or negotiations.
Conciliation Support
Conciliation, a meeting where both parties try to reach an agreement, is often the first step in unfair dismissal claims
Settlement & Negotiation
We help explore settlement options with your employer, working to negotiate a fair and satisfactory outcome without the need for formal hearings.
Confidential and Trusted Service
We respect your privacy and keep all matters confidential, creating a safe space for you to address your concerns.
Your Go To For Unfair Dismissal Advice
Years of Experience and Expertise
Empathy and Understanding
Affordable Services
Clear Communication
If You’ve Been Dismissed Within the Last 21 Days, Time Is of the Essence
Our services are designed for everyday Australians who are grappling with the complexities of unfair dismissal and need trusted support to navigate their next steps. Whether you’re a full-time employee, part-time worker, or even in a casual role, we understand that the challenges of dismissal affects people from all backgrounds.
We work with professionals across a wide range of industries — retail, hospitality, healthcare, office environments, and beyond. With the strict 21-day deadline to file an unfair dismissal claim in Australia, time is critical, and seeking early consulting and legal advice can make a significant difference in achieving a fair outcome.
The Close Consulting Difference
Flexible Fee Structure
Big & Small Cases
Boutique & Personalised
Frequently Asked Questions
The Fair Work Act 2009 is the cornerstone of unfair dismissal law in Australia. It protects employees by ensuring they cannot be dismissed without a valid reason. Under this act, employees who believe they’ve been unfairly dismissed can apply to the Fair Work Commission for a remedy.
Employees need to meet certain conditions to lodge an unfair dismissal application. They must be employed for at least the minimum employment period, earn below the income threshold, and not be engaged as casual employees unless they’ve had regular, predictable hours.
Payouts for unfair dismissal vary depending on the case. Compensation could be as high as six months’ wages or capped at 26 weeks of pay, with the exact amount determined based on factors like lost earnings and the likelihood of finding new employment.
Legitimate reasons for dismissal include serious misconduct (like theft or violence), poor performance (with prior warnings), and genuine redundancies. Dismissals lacking valid grounds or proper procedure might qualify as unfair.
A genuine redundancy occurs when the job is no longer needed and the employer has followed fair procedures, including exploring other positions in the company. Additionally, we verify that the proper notice period was given as required by law.
Keep in mind dismissals based on discriminatory factors such as marital status or mental disability are unlawful. In exceptional circumstances, you may need to pursue legal action if unfair dismissal claims alone don’t suffice to achieve a fair resolution.
Australian law provides considerable protection for employees, making it harder to be fired without valid reasons or due process. However, some employers may still attempt to bypass these protections, which is where legal advice can be crucial.
Seek the Justice You Deserve
If you believe you’ve been unfairly dismissed, don’t wait. Contact Close Consulting for expert unfair dismissal advice and make your voice heard.
With our guidance, you can stand up for your rights, pursue fair treatment, and seek the justice you deserve.
Get in touch today for a free consultation. Take the first step toward reclaiming your future today.
