When dismissed, you may have questions about whether the correct process was followed.
Hall Payne Lawyers helps you understand where you stand, whether you meet the legal requirements to make a claim, and if not, what options may be available to you when you feel you were unfairly dismissed.
An unfair dismissal claim is not about whether losing a job feels unjust; it’s about whether the dismissal was unfair within the meaning of the legislation that applies to the dismissal. It requires a consideration of matters including whether there was a valid reason for the dismissal, how decisions were made and whether you were given an opportunity to respond to allegations prior to the dismissal.
Hall Payne Lawyers takes a thorough approach to assessing unfair dismissal matters. Drawing on decades of experience advising workers, professionals and unions, we carefully consider the legal framework alongside the specific circumstances of your termination. Our advice is clear and grounded in the law, helping you understand your eligibility to make a claim and other available options.
An unfair dismissal application must be lodged within strict timeframes, which can be as little as 21 days after the dismissal takes effect, so obtaining advice early is critical.
Get clear advice from an experienced lawyer to assess your eligibility and protect your rights.
These answers address common questions about unfair dismissal claims under Australian employment law.
There is not one thing that makes a dismissal unfair. It depends on the facts of each case. It can occur where you are dismissed without a chance to respond to allegations, or for performance issues you have not been previously warned about. An unfair dismissal can occur where there was no reason or no valid reason for the termination.
An unfair dismissal application must be made within strict timeframes, which can be as little as 21 days after the dismissal takes effect. As this window is so short, we recommend you contact our team immediately to discuss whether you are eligible and have grounds for a claim.
You’ll be paired with a lawyer who takes the time to listen. We strip away the legal language and explain your rights in plain terms. From your first call, we guide you through every viable path, whether that involves strategic negotiation, conciliation, or formal tribunal proceedings, so you feel empowered about your options.
Absolutely. In fact, most unfair dismissal matters are settled through negotiation or conciliation. Our goal is to secure your best possible outcome, such as compensation or reinstatement, while minimising the stress and cost of a formal hearing.
It may be unlawful for a future employer to take adverse action against you for making an unfair dismissal claim. In all cases we run, we handle matters with sensitivity and confidentiality to ensure your reputation and future career opportunities are not compromised.
If your employment has ended and you’re unsure of your rights, Hall Payne Lawyers provides expert guidance to help you act confidently.
We listen to your situation, explain your legal position in plain language, and help you decide the most practical next steps.
There are strict deadlines for lodging applications. We will act quickly to consult with you so we can prepare and submit your unfair dismissal application as soon as possible.
Most claims are resolved outside the courtroom. We act as your voice in discussions and mediations, leveraging our industrial and employment law expertise to secure a fair settlement or reinstatement.
We represent you in discussions, conciliation and at hearing aiming to resolve matters efficiently while protecting your rights.
Beyond the claim itself, we advise on workplace rights, entitlements, and next steps so you can start your next career chapter with confidence.
Speak with an experienced employment lawyer who will help you understand your rights and next steps.
Unfair Dismissal
Hall Payne Lawyers challenge unjust terminations, meeting strict deadlines with expert representation.
Workplace Discrimination
We defend employees against bias, pursuing fair resolutions under workplace & anti-discrimination laws.
Professional Conduct & Discipline
Misconduct claims risk careers—our solicitors defend professionals in investigations and disciplinary proceedings.
Enterprise Bargaining & Award Rights
Hall Payne Lawyers guide agreements, awards & breaches, protecting entitlements, ensuring compliance & resolving disputes.
General Protection Claims
Employees are protected from adverse action over rights, union activity, complaints or family responsibilities.
Contract Negotiations & Disputes
Employment contracts set key terms. Our solicitors review & negotiate pay, bonuses & equity to protect your interests.
Industrial Relations
Hall Payne Lawyers champions workers & unions, from Fair Work disputes to High Court cases, protecting rights & fairness.
Executive & Senior Management Terminations
Senior executives face fewer protections. We manage exits, tackling wrongful termination, bonus disputes & entitlements.
Restraint of Trade
Restraint clauses must be reasonable. Our team defends against restrictions that unfairly limit earning capacity.
Redundancy
Redundancy must be genuine. We secure full pay & entitlements and challenge cases used to mask unfair dismissal.
Workplace Mediation Services
Accredited mediators provide impartial, legally informed conflict resolution, helping parties reach durable, cost‑saving agreements.
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