Unfair Dismissal Claims
Unfairly dismissed? You can claim compensation.
If you’ve lost your job and believe it was unjust, harsh or unreasonable, you may be eligible to make an unfair dismissal claim through the Fair Work Commission.
At MK Allan Lawyers, we help workers across NSW fight back against unlawful termination and pursue financial compensation or reinstatement.
We act quickly to protect your rights and manage every part of your claim—so you can move forward with confidence.
What is Unfair Dismissal?
Unfair Dismissal occuers when your employment is terminated in a way that is:
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Harsh, unjust or unreasonable.
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Not a genuine redundancy.
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Inconsistent with fair work policies or procedures.
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You may be eligible if:
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You were dismissed without valid reason or fair process.
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You were not given proper warning or an opportunity to respond.
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You were employed for the required period (6 months for companies, 12 months for small businesses).
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Your employer is covered by the national workplace relations system.
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To make a successful claim, you must act fast. The Fair Work Commission requires claims to be lodged within 21 days of your dismissal.
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We Can Help You
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At MK Allan Lawyers, we support you through every stage of the unfair dismissal process:
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Assess your eligibility and options.
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Lodge your claim with the Fair Work Commission.
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Prepare your evidence.
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Represent you.
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Negotiate compensation or reinstatement on your behalf.
Don't wait until it's too late!
You must lodge your claim within 21 days of your termination date. Late claims are often rejected.
Contact us today for free urgent advice.
FAQ's
What compensation can I receive?​
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If your claim is successful, you may be awarded:
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Up to 26 weeks' pay as compensation
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Reinstatement to your previous position
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Lost income, superannuation and other entitlements
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A formal apology or agreed reference letter
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What if I resigned but felt forced to?
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If you resigned due to toxic conditions, bullying or pressure from your employer, you may still be eligible to claim under a constructive dismissal argument. We can assess your situation and advise on next steps.
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What evidence do I need?​
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We recommend keeping:
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Termination letters or dismissal emails
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Employment contract and payslips
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Any performance reviews or warnings
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Notes about the dismissal process
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Witness statements, if relevant
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We will also take a detailed statement from you about your case to be used as part of your application.
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What happens during a conciliation?​
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Conciliation is an informal phone meeting where both parties try to resolve the matter with a Fair Work conciliator. Most unfair dismissal claims settle at this stage without needing to go to a hearing.​
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Do I need a lawyer for my unfair dismissal claim?
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A lawyer helps you prepare the strongest possible case, avoid technical pitfalls, and negotiate a better outcome. We handle the legal process while you focus on your next steps.