Unfair dismissal and unlawful dismissal claims

Unfair dismissal,  unlawful dismissal, wrongful dismissal – it’s all very complicated.  Which is which and do any of them give the employee a right to make a claim?

Unfair dismissal is where the former employee believes that the termination of their employment was harsh, unjust or unreasonable.  The employee can only make a claim if they fall within the eligible criteria.

Unlawful dismissals are associated with breaches of the Fair Work Act 2009 and are primarily based on discrimination grounds and notice periods.

Wrongful dismissal is where the dismissal is a breach of the employee’s contract with the employer.  They generally (but not always) relate to more senior positions.

You may wish to consult us for a confidential discussion on your rights if:

• you’re an employee unhappy about the way you were dismissed, or
• you’re an employer considering dismissing someone in controversial circumstances or if the dismissed employee has decided to make a claim.