Did you click on this article to see different unfair dismissal examples? Were you recently relieved from your job position for a bogus reason? Whatever the reason was, employers should have no reason to dismiss their employees unfairly. Some (not all) employers tend to power trip and cover up their mistakes and blame their employees.
As an employee, you should know your rights and when to know the signs of unfair dismissal. You wouldn't want to be gaslit into thinking you were the problem when you got fired from your job, right? In fact, you should be able to rely on your employer and also protect your rights.
Unfortunately, this isn't the case for most jobs in both the public and private sectors.
Is Unfair Dismissal Harsh, Unjust, or Unreasonable?
Yes! Selfish and heinous employers will unfairly dismiss one of their employees for the sake of power or to protect their ego. Such employers resort to unfair dismissal so they can shift the blame for their incompetence and arrogance onto employees.
Let's look at some common unfair dismissal examples.
Example 1: Unjustified Dismissal
Let's use David as an example here. David is a sales representative who received a termination letter that states his "unsatisfactory performance". However, the letter did not contain any valid reason for this claim. No sales target reviews, training deficiencies, performance discussions, or any reasonable grounds for dismissal.
Under unfair dismissal laws, employers must give their employees a reasonable opportunity to improve before they dismiss them.
Example 2: Procedural Failure in Redundancy
Redundancy can fall under unfair dismissal examples. This kind of dismissal involves removing an employee from their position because their position is no longer needed. A genuine redundancy adheres to strict requirements like:
- The role is no longer required, and
- Redeployment was considered
In an unfair dismissal scenario, we can imagine an employee who was dismissed for "redundancy" reasons. However, they may soon discover that the company they worked for hired a contractor to perform the same duties as they had.
Example 3: Retaliation for Exercising Workplace Rights
Every employee has workplace rights. Some of them zealously advocate for it and raise concerns with their employers if someone's rights or their rights are being overlooked or stepped on. For example, an employee could report that they are experiencing "harassment" from their superiors to the HR department.
An employer could fire that same employee for "insubordination". Sounds awful and wrong, right?
Example 4: Health Disclosure
Our blog post about unfair dismissal examples continues to reveal more issues in the workplace. Sadly, some employers dismiss their employees once they discover that they have a health concern, whether major or not.
Some employers see mental disabilities as a nuisance and a factor that affects an employee's performance. However, to terminate an employee because of health disclosures violates employment and discrimination laws. The same goes for physical disabilities, especially if their disability won't affect their job type.
For example, a leg amputee can still do administrative work on their computer. However, employers may relieve them from a position that requires physical labour, such as carpentry.
Example 5: Dismissal After Whistleblowing
Employees have the right to call out their employer's poor performance, or illegal and immoral management. For example, an auditor can call out falsified expense reports and unrecorded revenue streams. The same goes for employees who caught their superiors doing something illegal within the office premises and reported them to the upper management.
Sadly, some of these employees who report such cases get unfairly dismissed. This makes this one of the most tragic unfair dismissal examples.
Example 6: Parental Leave Matters
Employees, especially mothers, have the right to take maternity leave if they are pregnant. Parental leave also applies to employees who need to take leave to tend to their children or share parental duties.
Some employers might choose to terminate employees who take a maternal or parental leave and make up an excuse such as needing an employee who can handle a "full-time commitment".
What is Constructive Dismissal?
Another type of dismissal, similar to unfair dismissal, is constructive dismissal, which is coercing or forcing someone to resign. Think of this dismissal as one of the worst types of dismissals. Employers who conduct this dismissal act so maliciously that they leave no alternative for the employee but to resign.
Unfair Dismissal Examples: The Fair Work Act vs the International Relations Commission
Our examples for unfair dismissal are just among the most common ones that affect an employee's employment. However, employees need to know the government agency they need to ask for help to report such instances. Let's look at them below:
| Fair Work Commission (Private Sector) | Industrial Relations Commission (Public Sector) |
| The Fair Work
Commission (FWC) covers employees who work in the private
sector. Under the Fair Work Act 2009, Section 394 protects private
employees from unfair dismissal. The Act also allows private sector
employees to apply for unlawful termination, or general protections
dismissal. So, how does the FWC identify unfair dismissal examples? They will identify if: – An employee was indeed dismissed. – The dismissal was deemed harsh, unjust, or unreasonable. – It was not a genuine redundancy. – For small businesses (fewer than 15 employees), the dismissal did not align with the Small Business Fair Dismissal Code. You can check out the links below to help you file an unlawful termination claim with the Fair Work Ombudsman: Application Form Information PDF File (F2 Application) |
On the other hand, the Industrial Relations Commission (IRC)
primarily covers both the NSW state public sector and local
government employees. You are eligible to apply for relief from
unfair dismissal from the IRC if you: – Work in the public sector and are covered by the State industrial award or enterprise agreement; or – Are an award-free employee and earns less than AUD $167,500 per year. This eligibility can extend to some casual employees, those forced to resign, and employees dismissed while on workers' compensation. Explore the links below if you want to file an unfair dismissal claim to the IRC: Application Form Information PDF File (Form 7A) |
Unfair Dismissal Examples: FAQs
| Q: What should I prepare for? A: As an employee who was unfairly dismissed, you need to prepare yourself for a legal procedure. Most likely, your employer will also have a legal team to save face and justify dismissal claims against you. If things go well, they might as well just drop the act and face the consequences. |
| Q: Aside from my unlawful dismissal, I was also bullied
in my workplace. What are my rights? A: Under the Fair Work Act, it is also unlawful to discriminate a person because of their race, colour, sexual orientation, marital status, religion, and more. Click here to read more about workplace discrimination |
| Q: Do I need to meet a minimum employment period to
apply for an unlawful termination claim? A: Well, of course! Make sure that you meet the minimum employment period to be able to apply for an unfair dismissal claim. This period is 6 months for larger businesses (15 or more employees) and 12 months for small businesses (fewer than 15 employees). People who are still on their probation period and were dismissed cannot claim unfair dismissal. |
Did One of the Unfair Dismissal Examples Apply to You?
Yes, it sucks to be dismissed unfairly, for what? Because your employers cannot admit to their mistakes? Are your employers that evil to relieve you from the job that you worked hard for? We get it. So, you should seek legal advice from us at JB Solicitors. Let us help you gather the evidence you need to help you win your unlawful termination case.
Our employment lawyers can gather evidence for you and make a strong case that will represent your rights.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
