Unfair & Wrongful Dismissal

Dismissing an employee is a big decision and comes with risks. Doing this fairly (both substantively and procedurally) can be tricky.

We support employers offering advice and guidance through processes that may lead to dismissal and defend them when claims are made.

Employees are eligible to bring a claim for unfair dismissal if they have two years continuous service with the Employer who dismissed them. The burden to show that the dismissal was fair rests on the Employer.

There are some exceptions to the above, such as if the Employee argues that the principal reason for dismissal was discriminatory or because the Employee made a protected disclosure (whistleblowing). Such claims do not require two years continuous service.

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