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What are my options for appealing an unfair dismissal?

Unfair Dismissal Application Lodge an unfair dismissal application with the Fair Work Commission. This involves filling out the appropriate forms and providing relevant details about the dismissal, including the reasons you believe it was unfair. The Commission will review your application and may attempt to resolve the matter through mediation or hold a hearing.

Procedural Fairness Argue that you were denied procedural fairness during the dismissal process. This means demonstrating that your employer failed to follow proper procedures, such as not providing you with a valid reason for the dismissal, not giving you an opportunity to respond to allegations, or not allowing you to have a support person present during meetings.


Harsh, Unjust, or Unreasonable Dismissal Claim that the dismissal was harsh, unjust, or unreasonable. Provide evidence to support your argument, such as showing that the punishment was disproportionate to the alleged misconduct, that your employer didn't consider mitigating circumstances, or that there was no valid reason for the dismissal in the first place.


Discrimination or Adverse Action If you believe that the dismissal was motivated by discriminatory reasons, such as your gender, race, age, or disability, you can claim that it constitutes unlawful discrimination or adverse action. Provide evidence to support your claim and demonstrate a connection between the dismissal and the discriminatory or adverse action.


Constructive Dismissal If you resigned from your position but believe that you were forced to do so because of your employer's conduct or a hostile work environment, you can argue that you were constructively dismissed. Provide evidence of the circumstances that led to your resignation, such as ongoing harassment, significant changes to your working conditions, or a breach of your employment contract.


When appealing an unfair dismissal, it's important to seek advice and familiarize yourself with the specific requirements and timelines set by the Fair Work Commission.


Need help? gethelp@1800ADVOCATES.au or call us on 1800 238 622.


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