A member asked over 8 years ago

unfair dismissal?

Was asked by my former employer to finish in a couple of weeks, they couldn't afford my salary any longer,  l asked 'do you want my resignation', they said no, but finish in a couple or weeks, it doesn't have to end badly, i knew they didn't want me there so l resigned

So i was bullied into resigning,there is nothing in writing from them, no paper trail .

have found an add advertising for my position through an agency 2 weeks prior to the "discussion", does't state the buisness name but every single thing in the add is for my position at my former employment.

l was long out of probation period, never had a warning,ect

now l have finished am depressed / angry

Where to l stand legaly?


Law Advisor Research Team
Researchers at LawAdvisor

Hi there. An unfair dismissal generally occurs where an employee is dismissed in a harsh, unjust or unreasonable way. From the information you provided, you may be able to claim that you were unreasonably dismissed by your former employer because they failed to give you a valid reason for letting you go or because you were not given an opportunity to respond to any issues with your capacity, conduct or performance. Your dismissal may also have been unfair because it does not appear to have been part of a restructure of the business.

However, you should be aware that your unfair dismissal claim may face some hurdles. Generally a person cannot make an unfair dismissal claim if he or she resigned and were not forced to do so by the conduct of their employer. Although you said you were asked to finish work “in a couple of weeks”, the law may deem your resignation to be voluntary. You should also note that unfair dismissal claims must be lodged with the Fair Work Commission (www.fwc.gov.au) within 21 days of the dismissal taking effect.

If you are not eligible for an unfair dismissal claim, you may have other legal options. If you signed an employment contract, you may have a claim for “wrongful dismissal” if your employer dismissed you without having the power to do so under the terms of the employment contract. Wrongful dismissal is different to unfair dismissal.

If you are eligible to make one of the above claims, you may be entitled to compensation or reinstatement of your employment (if appropriate).


Suggested way forward

Employment law is complex and unfair dismissal claims are subject to strict rules and time limits. You would benefit from speaking to a lawyer who can fully assess your situation and advise you of your legal rights and options. By pressing the “Take Action” button – which will become available soon – LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer

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