Unfair Dismissal

The Fair Work Act 2009 allows eligible employees to make application to the Fair Work Commission for an unfair dismissal remedy. Remedies including reinstatement or compensation may be awarded.

In many cases, employees who have engaged in misconduct or breached conditions of their employment have successfully brought unfair dismissal claims before the Fair Work Commission because the employer has not followed fair and reasonable investigative and disciplinary procedures, or because the employer’s expectations of employee behaviour were unclear.

The Harwood Andrews workplace relations team provides comprehensive advice to employers in relation to all aspects of employee engagement, discipline, redundancy and dismissal. We focus on the prevention of disputes by assisting employers to develop and implement clear workplace agreements, policies and procedures.

We also advise and represent clients in relation to unfair dismissal claims in the Fair Work Commission, including appearing on their behalf at conferences and conciliations. When unfair dismissal disputes arise, we combine legal strategy and strong representation with a commercial approach to deliver the best possible results to clients.