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Unfair Dismisall

Understanding Your Rights. Seeking Fair Outcomes

Taking Action Against Unfair Dismissal

At Foye Legal, we understand that losing your job can be a distressing experience, especially if the circumstances seem unfair, unreasonable, or harsh. If you believe your dismissal falls into this category, you may be eligible to make a claim for unfair dismissal. Our experienced employment lawyers are here to guide you through this complex legal process with expertise and compassion.

What is Unfair Dismissal?

Under the Fair Work Act 2009 or relevant state legislation, you may have grounds for an unfair dismissal claim if you were dismissed under circumstances that are:

Dismissal includes situations where your employment was terminated by your employer’s decision or if you were forced to resign due to your employer’s conduct, leaving you no reasonable option but to resign (constructive dismissal).

Who Can Make an Unfair Dismissal Claim?

Most employees are eligible to make a claim, but specific criteria must be met. Claims are assessed by the Fair Work Commission or a State Industrial Relations Commission, which considers all relevant materials and evidence to determine whether a dismissal was harsh, unjust, or unreasonable.

Our expert team will carefully evaluate your circumstances and guide you on your eligibility and the steps involved in making a claim.

Special Considerations for Gig Workers

If you are a gig worker in the road transport industry (e.g., Uber or similar platforms) and believe you have been unfairly terminated, you may also have the right to challenge your dismissal through the Fair Work Commission.

Our lawyers can provide tailored advice on your situation, helping you understand your rights and options.

How Can Foye Legal Help?

At Foye Legal, we pride ourselves on providing clear, practical advice and dedicated representation in employment law matters. We will:

If you believe you’ve been unfairly dismissed, don’t delay. Contact Foye Legal today to book a consultation with one of our experienced employment lawyers.

Why Foye Legal?

Our expert employment lawyers are dedicated to helping you resolve employment related disputes and protecting your professional reputation and financial stability.

At Foye Legal we take pride in providing our clients with expert legal advice. To make access easy for you we have placed necessary resources available to you via the link below. 

We’re in this together

Whether you’re seeking clarity on employment contracts, navigating complex terminations, or addressing workplace harassment, we’re here to help. Contact us for a confidential consultation, and let us work towards achieving your desired outcome.

WorkingWith Your Lawyer: Your Essential Toolkit

Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.

What To Expect From Your First Consultation With Us

Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.

unfair dismissal

FAQs

If you believe your dismissal was unfair, it’s important to document the details, including the reasons given by your employer and any related communications. Then, contact an employment lawyer as soon as possible to discuss your options and next steps.

Unfair dismissal relates to dismissals that are harsh, unjust, or unreasonable. Wrongful dismissal, on the other hand, typically involves a breach of contract, such as terminating an employee without proper notice or violating the terms of an employment agreement.

Yes, but eligibility depends on the duration of your employment and whether your employer has complied with the required dismissal procedures during your probation period. Speak to a lawyer to assess your situation.

Evidence may include:

Your lawyer can help you gather and present this evidence effectively.

Casual employees may be eligible if they have worked on a regular and systematic basis and had a reasonable expectation of continued employment. This will depend on the nature and consistency of the work arrangement.

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