Unfair Dismissal

Advice on Unfair Dismissal in Darwin

We assist with unfair dismissal cases including discrimination, misconduct, forced resignation and more.

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We’ll Assess Your Unfair Dismissal Case

Have you recently been let go from work and you’re not happy about the way it was handled? Do you believe your employment rights have been infringed upon? There are myriad reasons why people are forced to leave their place of employment—being fired for misconduct, being made redundant, accumulating too many written warnings—but not every dismissal is lawful. So, what recourse do you have if you believe your employer has broken the law? Seek legal counsel and file for unfair dismissal.


Unfair dismissal is the term used when an employee is judged to have been dismissed from their job in either an unjust, unreasonable or harsh manner. According to the Australian Government Transparency Portal, nearly 14,000 unfair dismissal applications were lodged in 2018-19 alone.


At Bradley Solicitors, we can assess the circumstances of your termination or demotion, inform you of your rights and provide professional advice about what to do next. For assistance in Darwin, Katherine or anywhere else throughout the Northern Territory and Australia, reach out to our team on (08) 8941 1677.

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How Unfair Dismissal Works

Unfair dismissal and Illegal dismissal cases—and their merit—can vary considerably depending on the circumstances. There are important differences between simply being upset at a termination or demotion and having grounds to claim for unfair or illegal dismissal—after all, people are rarely happy with being let go, but that doesn’t always mean it was unfair or unlawful. At Bradley Solicitors, we’ll help you make the distinction and provide the advice you need to proceed.


You need to be employed for six months or longer before you can apply for unfair dismissal—this extends to 12 months if you work for a small business. There are no time limits for illegal dismissal. Common examples include termination due to:

  • Discrimination (race, sexuality, disability, etc.)
  • Poor performance (where proper training wasn’t provided)
  • Misconduct that wasn’t committed
  • Constructive dismissal
  • Forced resignations
  • No given reason

To find out more, book in an initial consultation with our solicitor. We’ll talk through your legal options and recommend actions based on your specific circumstance.

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Frequently Asked Questions

  • What is the process for unfair dismissal?

    If you believe you have been unfairly dismissed from your job, you can lodge a complaint with the Fair Work Commission. The commission will then investigate the matter and decide whether or not your dismissal was unfair. If your dismissal was found to be unfair, the Commission can order your reinstatement or order compensation.

  • What is the Fair Work Commission?

    The Fair Work Commission is a federal body that deals with disputes relating to employment, including unfair dismissals. The Commission can investigate complaints and order remedies.

  • How long do I have to lodge for unfair dismissal?

    You must lodge your complaint within 21 days of being dismissed from your job. If you miss this deadline, you may still be able to lodge a complaint, but the Fair Work Commission may not deal with it.

  • What resources are available to better understand unfair dismissal?

    There are a number of resources available to help you better understand unfair dismissal in Australia. These include:


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