Unfair dismissal is when an employee is dismissed from their job in an unreasonable and unjust manner. 

Experiencing unfair dismissal can have a large impact on yourself and those around you. At Kelly Legal, we can consider your individual circumstances and help you decide whether to commence a claim. 

Important Information

• An employee has 21 days from the date of dismissal to commence an application.  

There are some important points we need to assess before lodging a claim:

• Employees have to be employed for at least 6 months before they can commence an unfair dismissal claim if the employer has 15 or more employees.
• Employees have to be employed for at least 12 months before they can commence an unfair dismissal claim if the employer has fewer than 15 employees. 

Once you have decided to go ahead with making a claim, we can act on your behalf by lodging an application with the Fair Work Commission or the Queensland Industrial Relations Commission. 

Don’t hesitate to talk to the team at Kelly Legal so we can reduce any confusion or complexities with unfair dismissals.

Unlawful termination is when an employer ends employment for unlawful reasons which can include: 

• Temporary absence from work due to illness or injury
• Trade union membership or participation in union activities outside working hours
• Non-membership of a trade union
• Acting or having acted in the capacity of an employee representative
• Filing a complaint against the employer for alleged violation of laws or regulations
• Race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibility, pregnancy, religion, political opinion, national extraction or social origin
• Absence from work during maternity or parental leave
• Temporary absence from work for the purposes of engaging in voluntary emergency management activity. 

In most cases, employees who are covered by unlawful termination laws are not covered by a national workplace system. In Queensland, these employees include: 

• State government employees 
• Local government employees 

Employees covered by a national workplace system but unable to make a general protections application, may also make an application for unlawful termination.

Due to the complexities of unlawful termination and the need to submit an application within 21 days after the termination takes place, we recommend you contact our experienced lawyers at Kelly Legal on 4911 0500 as soon as possible to discuss your matter further.

Unfair practices in the workplace are, unfortunately, an inevitable part of society. 

Depending on the type and severity of the situation, cases may need to be dealt with by Australia’s national workplace relations tribunal, the Fair Work Commission. 

We can assist in making applications to the Fair Work Commission, appearing on your behalf and supporting you to understand your rights and obligations for a wide range of issues involving the workplace. 

With a combined 60 years of experience in law across a broad range of disciplines, Kelly Legal are the team to call if you need help resolving a dispute involving employers, employees and unions. 

In some circumstances, an employment dispute or fair work issue may be transferred to the Federal Court. 

Kelly Legal have experienced employment lawyers who can support you when it comes to Federal Court matters including workplace-related applications, injunctions, declarations, prosecutions and matters that have been transferred from Fair Work Commission. 

If you are experiencing workplace issues and would like to speak to a team of highly experienced, friendly and approachable lawyers, call Kelly Legal today on 4911 0500.

Any form of discrimination, harassment or bullying in the workplace is unacceptable and there are relevant laws in place to ensure people are treated fairly in the workplace. 

Discrimination, harassment and bullying can take place at any stage of the employment and can include a range of behaviours based on, or including:

• Race, sex, age, disability or sexual orientation.
• Telling insulting jokes about particular racial groups
• Sending explicit or sexually suggestive emails or text messages
• Yelling, screaming or using offensive language
• Intimidation, and much more. 

Many people do not feel comfortable reporting such behaviours, as they fear they may lose their job but rest assured, every employer has the legal responsibility to ensure their employees are treated fairly. 

We recommend those who feel they are subject to discrimination, harassment and bullying follow these steps:

• Speak to the perpetrator (if possible)
• Speak to your employer, union representative or human resource manager
• If the above steps do not offer a successful outcome, please contact the Kelly Legal team for further advice
• Lodge a complaint with the Fair Work Commission (Kelly Legal can help with these proceedings). 

Each case is different and Kelly Legal is here to help if you are experiencing mistreatment at work. Call the team to start your confidential discussion on 4911 0500.