Unfair or Wrongful Dismissal – The DifferencesAugust 17, 2021
No one ever wants to lose their jobs, especially if they aren’t the ones who made the decision. Unfortunately, there are rights that companies can exercise, and firing employees on specific grounds is one of them. However, not all dismissals are fair and just, and if your dismissal wasn’t backed up with good reasoning or resulted in a breach of a contract, you might have the grounds to make a claim.
That being said, there are two types of circumstances that you face: unfair dismissal or wrongful dismissal. Although acting as grounds for a claim, these two types of dismissals are different types of situations. Today, we’re going to share the differences between the two types of dismissal to help you make the right claim:
Certain circumstances must be met to count the dismissal as unfair. These include terminating an employee due to poor performance without the chance to improve, firing an employee for a bad act they did not commit, does not follow due process of termination, and dismissing an employee without any good reason. Simply put, unfair dismissal is when a worker is dismissed from the job in an unreasonable, unjust, or harsh manner.
If you felt like you were terminated unfairly, it is vital to reach out to the Fair Work Commission. They are the ones that will determine whether your dismissal was an unfair one, but they will also look for reasons that it may be fair. If the dismissal is seen as unfair or unjust, there are two possible outcomes: you either get reinstated into your job or are given monetary compensation.
That said, you can only claim unfair dismissal if you have worked in the company for at least 6 or 12 months depending on the company size, and that you apply for the claim within twenty-one days of the termination.
Just like unfair dismissals, certain conditions must be met for a dismissal to be seen as wrongful. These conditions include an employee not given enough or any notice without good reasons, terminating an employee before a fixed contract has ended, and dismissing an employee based on misconduct without the chances to justify their actions.
Unlike unfair dismissals, there isn’t a time you have to be working in a company to be eligible for such claims. If you do claim, the likely result is monetary compensation. Such compensation can include things like superannuation, wages, injuries, and loss of opportunity. Note, however, that you may have to go to court to make a wrongful dismissal claim. This can take up a lot of time and money. As such, it is recommended that you reach out to the Fair Work Commission instead to make an unfair dismissal claim instead of a wrongful dismissal claim.
In summary, if you have felt like your dismissal was unfair or wrongful, it is vital that you act immediately to be able to make a claim. We highly recommend that you reach out to WORKCLAIMS AUSTRALIA to assist you in making a claim. This way, you give yourself the highest chances possible to be fairly compensated for the wrongful or unfair dismissal, ensuring that you have the support needed to face forward and continue in life.
Workclaims Australia are experts at dealing with a wide range of national workplace relations issues. If you are looking for wrongful or unfair dismissal claims assistance, work with us today!