What's an unfair dismissal?

IF YOUR employment has been terminated by your employer, or you've been forced to resign, you may be able to make application for an unfair dismissal.

We represent HACSU members in unfair dismissal claims as part of their membership. In most cases we've successfully gained reinstatement or compensation for them.

Your dismissal may be considered unfair if it was:

• Harsh on you due to the economic and personal consequences resulting from being dismissed. • Harsh because the outcome is disproportionate to the gravity of the misconduct (the punishment does not fit the crime). • Unjust because you were not guilty of the alleged misconduct. • Unreasonable because the evidence or material before the employer did not support the conclusion. • Unreasonable because the process used did not afford procedural fairness, for example dismissal was made without a face-to-face meeting. • Not a case of genuine redundancy (if you've been made redundant).

There are some important timelines and points to note before you make application. You must:

• Be an employee who has been dismissed. • Be covered by the national workplace relations system (not a state service employee). • Meet eligibility criteria, including the minimum employment period and minimum number of employees at your workplace. • Lodge your application within 21 days of dismissal becoming effective.

If you feel that you have a case for unfair dismissal, don’t delay! Call HACSU immediately so we can represent you.