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WA Employer's Excuse for Dismissal - Unfair Dismissal?

Discussion in 'Employment Law Forum' started by Seant, 9 March 2016.

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  1. Seant

    Seant Active Member

    15 February 2015
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    Is it unfair dismissal if your employer dismisses you as "they have no current work" and told you that but have used a warning that was issued verbally over two months prior, as the excuse for your dismissal in a termination letter?

    Any help appreciated.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Hi seant,

    How many employees are there in the company?
    If your employer does not need your job to be done by anyone anymore due to lack of work and you could not have reasonably been given another job within the business then (depending on the size of the company) you may be entitled to a redundancy.

    This could be why your boss is now purporting to rely on a prior verbal warning to dismiss you, because he doesn't want to pay redundancy package.

    Unfair dismissals include situations where your dismissal is harsh, unreasonable or unjust, however not if it is a genuine redundancy. Small businesses of less than 15 employees, must comply with the Small Business Unfair Dismissal Code.

    Check out this article for more info about unfair dismissal: Unfair Dismissal and the Fair Work Commission - Legal Blog -
  3. Serge Gorval

    Serge Gorval Well-Known Member

    2 November 2015
    Likes Received:
    Hi Seant,

    It seems that the employer has given you 2 different reasons, one being "redundancy" and the other performance related. Either way they did not give you a valid reason and you may have a claim for unfair dismissal. Have you thought about lodging an application ?

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