Questions2019-05-09T16:32:07+00:00

FAQ’S

Questions

I’d like Unfair Dismissals Direct to help me secure compensation and clear my name, but need to know if I have a claim. Where do I begin?

We know this is a difficult time for you, and we are here to help you secure the best possible outcome in the shortest possible timeframe.

You start the process by taking advantage of our free, confidential and no-obligation case assessment. One of our specialists will consider the information you provide and let you know whether we think you have a claim against your former employer. You can complete the assessment form online in minutes 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 as soon as possible.

I’m not sure what type of claim should be lodged, and I’m not sure which tribunal it should be lodged in. What should I do?

You should contact Unfair Dismissals Direct as soon as possible. It is critical that an application is made before any 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 time limit has passed. This is because the other claim will be lodged out of time, and it can be very difficult to obtain an extension of time.

Part of the service we provide involves determining the appropriate type of employment claim so that you need not be concerned that you have relied on general information provided to you online or by telephone that could later turn out to be incorrect – with devastating implications.

Unlike some representatives, Unfair Dismissals Direct doesn’t just work with one tribunal. We have industrial advocates based around Australia so that we can effectively represent you in the most appropriate tribunal for your claim.

I’ve been told I don’t have a case. What should I do?

You should contact Unfair Dismissals Direct as soon as possible. We can provide you with a confidential, free assessment of your situation.

We will take your specific situation into account when conducting our assessment. The results of our complimentary case assessment are based on the information you provide to us. We will only offer our assistance to you if we believe you have a case.

Court and tribunal registries cannot provide you with legal advice. We recommend you obtain your own independent advice as to whether you have a case, rather than relying upon general information communicated over the telephone or online that may not fully reflect your individual situaion.

Dismissed employees often say they did not take any action to dispute their dismissal because a well-meaning family member, friend, or even a court, tribunal or government body, told them they did not have a case. Sometimes, it is too late for us to assist due to the applicable time limits. It is critically important to act fast, to ensure you don’t miss out.

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).

Where are your specialists and advocates actually based? Can I meet with you in person? 

Unfair Dismissals Direct has offices in Adelaide, Brisbane, Melbourne, Perth and Sydney.

We are a truly national organisation: our advocates work from offices located in different capital cities across Australia.

Our complimentary case assessments are conducted by our industrial relations specialists via email and telephone, completely free of charge or obligation.

If you wish, you can make an appointment to attend our offices in person for a priority fixed-price industrial advice conference.

Some representatives say they are “Australia-wide”, but actually operate from a single residential address in a single state, and some don’t provide any information about their physical location on their website. Unfair Dismissals Direct is a legitimate organisation that has offices located in capital cities around Australia, representing hundreds of dismissed employees every year in various tribunals. Our specialists and advocates actually work from offices located in different capital cities. This means that you can make an appointment to attend our offices in person to obtain priority industrial advice, or we may be able to attend your workplace to support you in a meeting with your employer.

Of course, even if you live or work remotely and can’t visit us in person, we would be more than happy to help you.

Do I need a representative to bring a claim on my behalf against my former employer?

There is no requirement for you to have a representative when you bring a dismissal claim agsinst your former employer.

However, by proceeding without a representative, you assume various risks. One such risk is that you could bring a claim in a court or tribunal that does not have the ability to hear the dispute. Should this occur, not only could you be left without a viable claim against your former employer, but you could find yourself responsible for paying some or all of your former employer’s legal costs. A good example of this might be where an unfair dismissal claim is made against your former employer in circumstances where your earnings exceeded the Higher Income Threshold and you were not covered by a modern award or industrial instrument. Another example is where your employer argues they have complied with the Small Business Fair Dismissal Code.

The risk of having your claim thrown out due to a lack of jurisdiction and being ordered to pay costs is not the only risk borne by an unrepresented applicant.

Lawyers representing employers know that the majority of employees lack sufficient knowledge of the legislation and the case law to effectively present their case, let alone navigate the inside of a courtroom! They also know most employees are emotional about their dismissal, and are likely to find the process stressful to the point that they may be inclined to give up on their case as time passes. Well-resourced employers and their lawyers can “wear down” a dismissed employee by conducting the proceeding in a manner designed to prolong the time taken to achieve an outcome, thus compelling the unrepresented employee to bear the expense and stress of litigation.

Unfair Dismissals Direct is well-versed in all the litigation tactics employed by employers and their lawyers, because we handle termination of employment claims each and every working day. It’s all we do. We come up against some of Australia’s largest employers and their representatives on a daily basis. Because we are so well-known, employers and their representatives know their tactics just won’t work with us. Our industrial advocates make use of expert strategies designed to get you the best possible outcomes. We believe this contributes to higher compensation payouts, and faster resolution of disputes.

Unfortunately, many unrepresented employees inadvertently make admissions and concessions in the application form which do not assist their case and can have the effect of decreasing the risk to the employer (by making it more likely the employer can successfully defend the claim). This reduction in risk can have the effect of reducing or even eliminating the compensation payment that might otherwise be made to the employee. 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 as quickly as possible.

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

The time limit will depend on the particular jurisdiction the claim is brought in. For example, 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. The time limit applicable to your case will vary depending on the jurisdiction and type of claim.

Contact us on 1800 347 647 without delay to discuss your circumstances.

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 industrial relations advocate can 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 advocates, and only represent employees who have been dismissed. We never represent employers, so there can be no conflict of interests.

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 an industrial advocate appearing on your behalf to secure the best possible outcome for you.

Our industrial relations advocates are true experts in their field. Although Unfair Dismissals Direct is not a law firm, our advocates receive comprehensive training supervised by a senior employment lawyer. Our industrial advocates only handle dismissal claims for employees.

If at any time throughout the conduct of your case we believe you require advice or representation from a barrister or solicitor, we will refer you to a reputable employment law firm or industrial relations barrister, who will consider the legal issues involved and provide legal 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 every case is different. We will consult with you to ascertain what is most important to you. We are familiar with the strategy inherent in running employment claims. We provide a No Win No Fee Guarantee subject to our standard terms, to provide peace of mind. We have a fantastic success rate and this is why we are leaders in our field. We bring unfair termination claims against hundreds of employers every year, and we are proud of our track record in achieving quick justice for dismissed employees.