Empowering Employees & Employers through our expert

UNFAIR DISMISSAL LAWYERS.

Our Strategy

Fight Against Unfair Dismissal​

What is Unfair Dismissal?

Unfair Dismissal is the termination of an employee from the company without any valid reason and failing to follow the fair dismissal code by the employer. It will be considered a case of genuine redundancy only if your termination was harsh, unjust or unreasonable.

Who can claim for an Unfair Dismissal?

You can apply for the Unfair Dismissal Claim if you have served minimum employment period in the company. The minimum time of the employment depends on the employer. Its 12 months for a small business fair dismissal claim while for others, it’s 6 months.

Remedies for Unfair Dismissal Australia

What is the remedy for Unfair Dismissal?

A remedy for unfair dismissal in Australia may include:

  • Reinstatement (getting your post back) with the lost pay.
  • Compensation for lost wages (not more than 26 weeks' pay).
  • Non-financial remedies like a written statement of service.

Welcome to Wage Thieves

We are a prominent name when it comes to Unfair Dismissal Lawyers in Australia. Our Team consists of lawyers with expertise in all the aspects of Employment law following Fair Work Commission guidelines. We act to defend employers and employee rights. 

The name of our law firm “Wage Thieves” is derived from the unlawful activity in the business that cause people to lose their employment and also their wages. We started our law firm in 2005 in Melbourne with some handful of experienced unfair dismissal lawyers and today, we have spread our name across the country. We are helping people with their claims in Melbourne, Sydney, Perth and Adelaide. Our lawyers have achieved success in almost all the unfair dismissal cases in Australia. We have resolved more than 400 claims and disputes, and retrieved our clients’ lost wages and/or employment as compensation. Our expertise lies only in harsh unjust or unreasonable termination and Fair Work Commission related cases as we have been through the redundancy issues and do not want any other employee or business to suffer the same hassle.

The service we offer is hassle-free and there is a 100% track record of our lawyers. It is our passion to help the employees who are unfairly dismissed with better advice and a proper solution to their disputes. It’s our work that has made us a renowned name for more than 15 years. Our clients speak for our self.

What Our Customers Have to Say

As their name suggest, same thing happened with me. I was an employee for a business for more than 7 years and they asked me to end my employment without following the Fair Work Commission's small business fair dismissal code and without paying me my salary. I had no clue about any employment law but thanks to Wage Thieves and their extremely compassionate lawyers for helping me in getting compensation against my losses. I can finally move on with my life.
L.P WhiteMelbourne
L.P White
I was unfairly dismissed by my employer. Kudos to the efforts this lawyers added in my redundancy claim. You've got me the best results out of my claim and also thank you for educating me with my employment rights. I feel that you have left no stone unturned in delivering the most favourable outcome possible. I really recommend this law firm to all the employees facing bullying issues at workplace.
Oliver TaylorPerth
Oliver Taylor
I was going through the most stressful time of my life as I was facing workplace bullying and despite of taking action against the fellow employees, they asked me to leave the workplace. One of my cousin suggested a lawyer at Wage Thieves for my unfair dismissal claim. I got my position back as a compensation and that too without any hassle. I really want to thank the staff of Wage Thieves for their time and consideration. Your professionalism and kindness gave me a good experience.
Sebastian WilsonAdelaide
Sebastian Wilson
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CONTACT US

Our Strategy

Your Input

Explain your Concern. We will ask some questions related to the matter and note it down.

Our Analysis

We will analyse your incident. Our experienced unfair dismissal lawyers will work on your matter. 

Justice

Get a Solution. We will guide you through the solution and implement it legally.

Frequently Asked Questions

You need to submit Form F2 to make unfair dismissal claims along with the application fee or a fee waiver form, if you want to waive of your fee.

Forms can be submitted via post, email or through the Fair Work Commission website that is www.fwc.gov.au

Note: The application wouldn’t be accepted if the form submitted is incomplete or filled incorrectly. It’s better to take an advice from an expert.

The fee for an unfair dismissal application is $73.20 as declared by Fair Work Act 2009. This fee can be waived on a condition that the person applying for the redundancy face discomfort in paying the fee. The person need to submit a separate fee waiver application along with the unfair dismissal application.

If you are unfairly dismissed, then you need to file an unfair dismissal application within 21 days from the day of your termination. If you do not meet the deadline then there is a high chance of your application getting rejected.

Yes, you can contact us for unfair dismissal case filing from any major Australian cities including Melbourne, Sydney, Perth, and Adelaide or states like VIC, NSW and QLD. Our lawyers will help you with your employment rights in your situation and process your claim based on the company size and the business fair dismissal code. 

If the claim is successful then you can expect either of the below as a result:

– employees may get their job back (Reinstatement)
– employees may get compensation for lost wages
– employees may get a non-financial remedy like a written statement of service

You can discuss the most suitable remedy for your case with your lawyer as there might be other employment law as well for your case.

Wrongful dismissal is different from Unfair dismissal.

If the employment contract is terminated by the employer then the employee is considered as wrongfully dismissed. It is a matter of common law.

Unfair dismissal is a law which ensure that the employers do not dismiss the employee without a valid reason and follow a particular procedure to do so.

The decision and the compensation for your unfair dismissal will majorly depend on the materials and evidence you provide. Some of the questions the Commission will consider include:

– Were you given any reason for your dismissal?
The employer has to give a valid reason for your termination, and must also give you a chance to respond to the termination. You can claim for unfair dismissal if your employer didn’t provide a valid reason for your termination.

– Was there any particular reason for your dismissal?
For a lawful claim, there must be no valid reason for your termination. If you think your employer has dismissed you with an invalid reason then you can talk to our unfair dismissal lawyers and check if the reason is valid under the law and if you can make a claim.

If the employer dismissed you with a reason stating “unsatisfactory  performance” then you are unfairly dismissed if and only if you were not informed prior to the dismissal about your poor performance. According to the Fair Work Commission Act, the employer has to provide sufficient time to the employee for improvement before the dismissal.