How to Respond to an Unfair Dismissal

Everyone deserves the right to work in a company in which they’re fairly and justly treated. As long as you do your job and follow the rules, you should be given every opportunity for retention and advancement. Most companies recognise these legal and moral norms and have strict guidelines on how employees are to be treated by management. However, sometimes these guidelines aren’t always followed. If you’ve been dismissed from work and you don’t believe the reason to be legitimate, here’s how you should respond.

Build Your Case

You must go about this process in the right order. Your first move should be to contact an employment lawyer. The very moment you file a suit against your former company, they’ll come after you with the express purpose of discrediting your claim. It’s therefore vital that you have a legal strategy in place, or the beginnings of one. Employment lawyers in Melbourne can help you determine if you have a case against the company so you won’t be wasting your time.

According to the Fair Act Commission, an unfair dismissal occurs when:

  • The dismissal was harsh, unjust or unreasonable
  • The dismissal had no valid reason behind it
  • The dismissal was not a real case of redundancy

Employment lawyers in Melbourne have the knowledge and expertise to help you build a case against your former employers. The principal remedy under the Act is re-instatement. You may also be compensated for the pain and mental suffering you’ve had to endure.

If you can prove that your employer dismissed you for any of the following reasons, you’ll stand a good chance of getting your job back.


If you have good reason to believe that you’ve been fired from your job because of your race or ethnic background, then you have a good case against your former employer. It’s illegal to fire anyone because of their race.


You cannot be demoted or terminated because of your gender. Sexual harassment is included in this category. It’s an unfortunate fact that some males believe they can act in a discriminatory way towards female colleagues. If you’ve rebuffed the sexual advances of a colleague and believe your subsequent termination was payback, then you may have a strong case against the company. This protection extends to individuals who report such conduct. If you stood up for a colleague who was sexually harassed, you cannot be terminated.

Sexual Orientation

To fire someone for being a LGBTQ person is against the law. Any company found doing so can be held accountable. If you believe your sexual orientation or gender identity is the sole reason why you lost your job, then you should hire a lawyer and take your former employer before the Fair Act Commission.

Aside from these well-known categories, you cannot be dismissed from your job in an arbitrary way. Nor can you be put out of work because of favouritism. The bottom line is that you should not allow yourself to be mistreated at work. If you’ve been unfairly dismissed, don’t get mad – get a lawyer.

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