Why Challenging an Unfair Dismissal Can Expose Poor Employer Practices
Many employees hesitate to lodge an unfair dismissal claim. You might feel like you’re just one person against a larger company, or worry that the damage has already been done. But what often gets overlooked is this: even if your employer believed they had a valid reason to dismiss you, the way they went about it still matters.
In unfair dismissal cases, the Fair Work Commission doesn’t just examine the end result—it carefully assesses how the dismissal was handled. And time and time again, the Commission has ruled in favour of employees where employers failed to follow a fair process, even if the reason itself wasn’t disputed.
If you’ve been dismissed and believe the process was flawed, here’s why it’s worth standing up and holding your former employer to account.
A Valid Reason Is Not Enough Without a Fair Process:
Under the Fair Work Act, a dismissal can still be found unfair—even when there’s a valid reason—if the process was harsh, unjust or unreasonable. That means an employer must do more than just point to poor performance or alleged misconduct.
They must:
Notify you of the reason(s) for potential dismissal;
Give you a real opportunity to respond;
Genuinely consider your explanation;
Follow a proper investigation or performance management process.
If those steps are skipped or rushed, the employer’s case can quickly unravel—even if they thought they were in the right.
In performance-related dismissals, the absence of formal written warnings is often a key factor in the Commission finding the dismissal unfair. Unless the conduct is so serious as to warrant summary dismissal, employees are generally entitled to:
Be made aware of performance issues;
Be given a chance to improve over time;
Receive support or guidance to address concerns.
Without these steps, dismissal can appear premature or retaliatory—even if the performance concerns were genuine.
You’re Entitled to Be Heard:
One of the most fundamental rights in any dismissal process is the right to respond. This includes:
Having a proper disciplinary meeting;
Being informed of the exact allegations or concerns;
Having a support person present;
Receiving a fair chance to respond and clarify your side of the story.
If you were blindsided or dismissed without such an opportunity, the Commission may view the process as inherently flawed.
Set Standards for Future Employees:
Lodging a claim doesn’t just benefit you. By standing up to poor process or unfair treatment, you’re also:
Sending a clear message to employers that shortcuts won’t be tolerated;
Encouraging companies to treat future employees with greater fairness;
Holding organisations accountable under Australia’s workplace laws.
In some cases, employees have uncovered broader systemic issues—like targeting older staff, misclassifying employment, or selectively enforcing policies—through the unfair dismissal process. What starts as one case can shine a light on wider workplace injustice.
When a dismissal is mishandled, it affects more than just your job. It can impact your livelihood, your confidence, and your future career. Challenging it through the Fair Work Commission doesn’t just protect your rights—it helps ensure employers can't continue mistreating workers unchecked. By standing up, you’re not only taking a step toward justice for yourself—you’re improving workplace standards for others, too.
