Unfair Dismissal or Redundancy?

By Anca CostinAnca thumbnail

In recent months, our firm has been instructed to act in a number of employment matters, in particular related to unfair dismissal.

The Fair Work Act 2009 provides that a person has been unfairly dismissed if the dismissal was harsh, unjust or unreasonable and the dismissal was not a case of genuine redundancy.

Most of the reasons for the dismissal had a common ground – usually the organisation had a new manager who wanted to restructure it based on personal preference. It is hard to believe that in our day and age such practices still exist but unfortunately this is true.

  • In one example the new manager that joined the team was trying to find the issues to bring to the employee’s attention and record such information in a number of emails sent to various people, including the employee. Regardless of all the continuous work of recording such events, the email did not provide a strong base for terminating the employee’s contract.
  • During our initial appointment with the client it became clear to us that we were presented with a case of unfair dismissal. Prior to meeting with us, the client was offered an “exit package” which they had refused, wanting to continue employment with the organisation.

As circumstances changed in our client’s life, they decided to engage us to attempt to have the previous “exit package” reinstated in order for them to accept it.

Once we were retained in the matter, we approached the employer in order to start negotiating. We had two rounds of negotiations and subsequently were successful in securing a package even higher than the one offered initially. Furthermore, we negotiated for our client leave the company on their own terms, being able to resign at the time they elected.

If you believe you have been unfairly dismissed, contact our office. One of our litigation solicitors will have an obligation free telephone discussion with you to establish if in fact you have been unfairly dismissed and whether there may be a case to either negotiate with the employer or take the matter to the Fair Work Commission.

e: acostin@elringtons.com.au | p: 02 6206 1300