FAQ’s & Contacts

Questions

The Fair Work Commission told me I don’t need a representative. Can’t I just complete an application form and turn up on my own?

Sure you can. However, we think this is unwise, for two very good reasons.

Firstly, lawyers representing employers know that the majority of employees lack sufficient knowledge of the legislation and the case law to effectively present their unfair dismissal case. They also know most employees are emotional about their dismissal, and are likely to find the process stressful to the point that they may well give up if the matter fails to resolve. This can discourage the employer from settling the matter early on, instead preferring to wait for the employee to file and serve their legal submissions and witness statements prior to considering settlement options. The employee is then compelled to bear the expense and stress of litigation. Being competently represented can add thousands of dollars in compensation, because it increases the amount of risk to the employer if the matter doesn’t settle, and ensures you can make use of expert negotiation strategies employed by industrial relations specialists.

Secondly, most employees simply do not have the legal knowledge to confidently proceed with their unfair dismissal case. Unfortunately, many inadvertently make admissions and concessions in the application form which do not assist their case and have the effect of decreasing the risk to the employer (by making it more likely they will successfully defend the claim). This reduction in risk has the effect of reducing or eliminating the amount of compensation an employer is advised to offer the employee prior to a hearing. Such mistakes are costly, and can make a significant difference to the outcome of your case. By engaging a representative, you ensure such mistakes are avoided, giving you the best possible chance to obtain maximum compensation and clear your name.

I’d like Unfair Dismissals Direct to help me with my unfair dismissal claim, but need to know if I have a claim. Where do I begin?

First of all, we’d like to say thank you for placing your trust in us. We know this is a difficult time for you, and we will do our very best to obtain the best possible outcome for you.

To engage our services, you start the process by taking advantage of our free, confidential and no obligation assessment process. You can complete the assessment form online by clicking here. Alternatively, you may contact us by telephone where our friendly consultants will be pleased to assist.

Following your initial contact, we will review the information you have provided, and come back to you with an indication of whether we believe you have a claim.

Unfair Dismissals Direct has adopted the following service standards for complimentary assessments:

Assessment Forms completed online: 1 business day
Telephone enquiries received at our office: 2 business days

I live in a regional or remote area. Can you still help me?

Of course! We assist employees Australia-wide, regardless of where they live. Simply complete our confidential assessment form and we will get back to you. Alternatively, you can contact one of our friendly consultants by telephone on 1800 347 647 (1800 DISMIS).

Is there a time limit for lodging an unfair dismissal claim?

Section 394 of the Fair Work Act 2009 (Cth.) provides that an application for unfair dismissal remedy must be made within 21 days after the dismissal took effect, unless the Fair Work Commission exercises its discretion to extend the timeframe.

If you wish to lodge your application outside the 21 day timeframe and seek an extension of time, in most cases we will not be able to handle your claim. We can, however, refer you to a reputable firm of employment lawyers who have significant expertise handling extension of time applications and will be in a position to provide you with advice on the merits of such an application, on their usual terms.

I’m not sure if I should lodge a general protections claim or an unfair dismissal claim. What should I do?

You should contact Unfair Dismissals Direct as soon as possible. It is critical that an application is made before the 21 day time limit has expired.

If you bring the incorrect claim, you may be precluded from proceeding with the other claim should you later change your mind after the 21 day time limit has passed. This is because the other claim will be lodged out of time, and it can be difficult to obtain an extension of time.

We will do our best to point you in the right direction. In those instances where we are unable to represent you (where, for example, you have contacted us outside the 21 day time limit after having brought the incorrect claim), we will refer you to a reputable firm of employment lawyers.

Is there a limit on the amount of compensation I can obtain at an unfair dismissal hearing?

There is a limit of 26 weeks remuneration and, for this reason, an unfair dismissal claim is only one type of claim we consider. Furthermore, defining ‘remuneration’ can be complex and your dedicated industrial relations specialist will discuss this with you after we have started representing you.

Are you a law firm providing legal representation?

No, Unfair Dismissals Direct is not a law firm and we do not provide legal representation. We are industrial relations specialists and only represent employees pursuant to the Fair Work Act 2009 (Cth.).

With Unfair Dismissals Direct, you do not pay high hourly rates by the minute for expensive lawyers. You have an industrial relations specialist preparing your application and appearing on your behalf at the conference.

Our industrial relations specialists are true experts in their field. They receive comprehensive training from a senior employment lawyer. This gives you the best of both worlds, and means we are able to be more flexible about how we deliver our service.

If at any time throughout the conduct of your case we believe you require legal advice or representation from an employment lawyer, we will refer you to a reputable employment law firm or industrial relations barrister, who will consider the legal issues involved and provide their services on their usual terms.

Can you guarantee me a successful outcome?

A successful outcome means different things to different employees. For some, it means obtaining the maximum amount of compensation so they can meet their living expenses whilst they look for another job. For others, it means having their name cleared so that they won’t have to live with a dismissal on their personnel file. Sometimes, an employee wants to be reinstated back into the workplace.

We can’t guarantee a successful outcome, because reaching an agreement requires commitment from both parties. It’s also important to note that we don’t hold the employer’s cheque book! However, we will consult with you to ascertain what is most important to you. We are familiar with the strategy inherent in running an unfair dismissal claim. We know what works and what doesn’t, and we’ll give it our best shot!

Contacts

Unfair Dismissals Direct has offices in Melbourne, Sydney, Brisbane and Perth, and we service clients located anywhere in Australia.

Contacting us for the first time

The best way to make contact with Unfair Dismissals Direct for the first time is by completing our confidential and free online assessment form. You can also contact Unfair Dismissals Direct by telephone on 1800 347 647 (1800 DISMIS).

One of our experienced industrial relations specialists will conduct a complimentary assessment of your case and come back to you, generally within the following timeframes:

Assessment Forms completed online: 1 business day
Telephone enquiries received at our office: 2 business days

If you have already completed the online assessment form, please wait for our response, before following up by telephone.

Contacting us after we have started representing you

Once you have had your application for representation accepted by Unfair Dismissals Direct, you will be assigned a dedicated Industrial Relations Specialist to handle your case. You can contact your Industrial Relations Specialist via email or telephone.