How do I lodge an unfair dismissal claim?
To lodge an unfair dismissal claim, you need to follow these steps:
1. Check if you are eligible: You can only make an unfair dismissal claim if you have been employed for at least 6 months (or 12 months if you work for a small business) and you have been dismissed.
2. Lodge your claim with the Fair Work Commission: You can lodge your claim online, by mail, or in person at a Fair Work Commission office. You will need to provide details about your employment, the reason for your dismissal, and why you believe it was unfair.
3. Attend a conciliation conference: After you lodge your claim, the Fair Work Commission will arrange a conciliation conference between you and your former employer. The aim of the conference is to resolve the dispute without going to a formal hearing.
4. Attend a formal hearing: If the dispute is not resolved at the conciliation conference, the Fair Work Commission will schedule a formal hearing. You and your former employer will need to present evidence and arguments to support your case.
5. Wait for the decision: After the hearing, the Fair Work Commission will make a decision about whether your dismissal was unfair. If the commission finds in your favor, you may be awarded compensation or reinstatement to your former job.
It's important to note that there are strict time limits for lodging an unfair dismissal claim, so it's best to seek legal advice as soon as possible.
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