Unfair dismissal claims are one of the best known and most commonly pursued claims following a dismissal. 

This is for good reason.

The range of circumstances that can constitute an unfair dismissal are broad, and the legislation requires your employer to have treated you fairly throughout the dismissal process in addition to having a valid reason for actually dismissing you.  Unfair dismissal proceedings are also relatively quick and informal, with a high percentage of claims settling at an early stage, meaning legal costs can be less than many other types of claims.

But unfair dismissal claims are not available to all employees and whether one is the best claim for you to make will depend on your particular circumstances. If, for example, you were employed as a casual employee, or had not been employed for more than 6 months (or 12 months for a small business employer), you may not be able to make an unfair dismissal claim at all. Compensation in unfair dismissal claims is also limited to a maximum of 6 months’ wages, with no compensation available for the hurt and emotional distress that a dismissal can cause. Depending on your circumstances, there may be other claims available to you which are not subject to these strict limits.

At SMB Workplace & Employment Law, we will help you identify your options, so that you can decide whether an unfair dismissal claim is the best claim for you in your particular circumstances.