Responding to Unfair Dismissal Claims

Unfair dismissal refers to an employment dispute when an employee has been dismissed from their job in a harsh, unjust or unreasonable manner. These types of claims can also include when an employee claims they were forced to resign or that a redundancy was not genuine. If the employee has a successful claim, they will be entitled to remedies such as compensation or reinstatement.

If you have been notified by the Fair Work Commission of an unfair dismissal claim lodged by a previous employee, it means that they believe you or your company has terminated their employment unfairly. This application means they have commenced legal action and are seeking a remedy for their dismissal. You have the right to respond to the claim, which may include the reasons why you disagree with the application. It is best to obtain legal advice regarding your response. The Coutts Employment Law team will be able to assist you in a timely and efficient manner.

Limitations to Unfair Dismissal Claims

There are limitations for making a claim, which include length of service, employment status, the nature of the company and statutory time limitations. Employees have 21 days from the date of dismissal to file a claim, and employers must respond to any application within 7 days. There may be an exemption to the time limitations in exceptional circumstances. To ascertain whether you fit within the limitation period or can apply for an exemption, please contact us at Coutts so we can assist.

IMPORTANT: An employee can only bring one claim either through unfair dismissal or general protections/adverse action.

How can Coutts assist you?

Our dedicated team at Coutts will assist employers in responding to unfair dismissal claims. Karena Nicholls is the head of Coutts Employment division and she and her team of employment law specialists understand the fast-paced nature of unfair dismissal claims. We recognise this process can be burdensome and highly stressful and our team are here to provide the support you need. Contact us today!