Losing your job can be a distressing experience, especially if you believe it was unfair or unjustified. In Australia, there are clear legal protections for employees who are dismissed without a valid reason or proper process. If you’re unsure whether your dismissal was lawful, it’s essential to understand your employee rights and wrongful termination laws—and know when to seek legal help.
This guide explains what constitutes wrongful dismissal, how to recognise if your termination was unlawful, and what steps you can take to protect your rights. We also cover when to speak with a wrongful dismissal lawyer and how the best employment lawyers in Perth can help you secure the justice and compensation you deserve.
What Is Wrongful Dismissal?
Wrongful dismissal refers to situations where an employee is terminated in a way that breaches their employment contract or contravenes protections under Australian workplace law.
It’s often confused with unfair dismissal, which focuses more on whether the termination was harsh, unjust, or unreasonable under the Fair Work Act. However, wrongful dismissal typically involves:
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Termination without required notice
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Firing in breach of a written or verbal contract
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Dismissal for exercising legal workplace rights
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Discriminatory or retaliatory dismissal
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Failure to follow due process or policy
If any of the above applies to your situation, you may have grounds for a claim.
Common Examples of Wrongful Dismissal
You might have been wrongfully dismissed if:
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You were fired without the proper notice period stated in your contract
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You were terminated after taking leave to care for a family member
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You were dismissed for raising safety concerns or reporting misconduct
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Your employer failed to conduct a proper investigation before termination
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You were let go while on maternity leave or after lodging a workplace complaint
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You were dismissed based on discrimination (age, gender, religion, etc.)
In these cases, speaking to a wrongful dismissal lawyer can help you assess your situation and advise on next steps.
Employee Rights and Wrongful Termination in Australia
Employees in Australia are protected by the Fair Work Act 2009, which outlines the legal process for dismissals and the rights of workers in the event of termination.
Here are some of your core rights:
1. Right to Fair Process
Employers must follow proper disciplinary and termination procedures, including warnings, investigations, and the opportunity for the employee to respond.
2. Right to Notice
Most employees are entitled to a notice period or payment in lieu of notice, depending on how long they’ve been with the company.
3. Protection from Adverse Action
You cannot be dismissed for using your workplace rights—like taking leave, making a complaint, or joining a union.
4. Protection Against Discrimination
It’s unlawful to fire someone based on their race, age, gender, disability, sexual orientation, or religious beliefs.
5. Right to Legal Recourse
If you’ve been wrongfully dismissed, you have the right to lodge a claim with the Fair Work Commission or pursue other legal remedies.
Understanding your employee rights and wrongful termination laws is the first step in knowing if you’ve been treated unlawfully.
What to Do If You’ve Been Unfairly Fired
If you believe you’ve been wrongfully dismissed, here are the steps you should take:
1. Stay Calm and Gather Documentation
Save emails, contracts, performance reviews, payslips, and any written warnings or messages related to your termination.
2. Request a Written Explanation
Ask your employer for the reason for your dismissal in writing. This may help clarify the basis of their decision—or expose procedural errors.
3. Check Time Limits
You only have 21 days from the date of dismissal to file an unfair dismissal application with the Fair Work Commission.
4. Consult a Lawyer
A qualified wrongful dismissal lawyer can evaluate your situation and explain your legal options, from negotiating a settlement to filing a formal claim.
Why You Should Speak to a Wrongful Dismissal Lawyer
Employment law can be complex, especially when contracts, workplace rights, and Fair Work rules intersect. That’s why it’s crucial to get advice from a professional who knows the legal system.
A wrongful dismissal lawyer can help you:
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Review your employment contract and entitlements
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Assess whether your termination breached the law
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Communicate with your employer on your behalf
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Negotiate compensation or reinstatement
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Represent you at the Fair Work Commission or in court if needed
Legal advice early in the process can make a major difference in how your case is handled—and the outcome you achieve.
How the Best Employment Lawyers in Perth Can Help
If you’re based in Western Australia, working with one of the best employment lawyers in Perth ensures you get trusted local expertise tailored to your case.
An experienced Perth-based employment lawyer understands local business practices, WA-specific legislation, and how the Fair Work Commission handles cases in your jurisdiction. This gives you an edge when pursuing your claim.
At many firms, initial consultations are confidential and obligation-free—so there’s no reason to delay seeking help.
Possible Outcomes of a Wrongful Dismissal Claim
Depending on the facts of your case, a successful wrongful dismissal claim could result in:
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Reinstatement to your former position (if appropriate)
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Compensation for lost income or entitlements
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Settlement payout through negotiation or mediation
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Clearance of your employment record for future job searches
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Penalties against the employer for breaching employment laws
Each case is unique, and the outcome depends on your employment terms, conduct, and the actions of your employer.
Don’t Wait—Protect Your Rights Today
If you’ve been terminated unfairly, don’t let uncertainty or fear prevent you from taking action. Australia’s workplace laws are designed to protect employees from wrongful dismissal, but time limits apply—and the sooner you act, the better your chances of a successful outcome.
Remember, you don’t have to navigate this alone. A trusted wrongful dismissal lawyer can help you stand up for your rights and move forward with confidence.
Final Thoughts
Being unfairly fired is more than just upsetting—it can affect your finances, reputation, and emotional wellbeing. But you have legal rights, and there are clear pathways to justice.
If you’re dealing with employee rights and wrongful termination, take the first step and seek guidance from the best employment lawyers in Perth. You may be entitled to compensation or reinstatement—and the peace of mind that comes with knowing you took action.
Need legal advice about a recent dismissal?
Contact a Perth employment lawyer today for a confidential consultation and find out where you stand.
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