What could an unfair dismissal claim actually get you?
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It's natural to want to know what a claim might be worth, but there's no simple number, and anyone promising you one before knowing your specific situation isn't giving you an honest answer. What the Fair Work Commission actually considers is more nuanced than a payout calculator.
What actually gets considered
- Reinstatement to your job, or a comparable one, is the primary remedy considered first.
- Compensation, where reinstatement isn't appropriate, is capped and based on your circumstances.
- Factors include your length of service, likely future earnings, and your efforts to find other work.
- Any misconduct on your part can reduce what's awarded.
We won't tell you what your claim is "worth" without knowing your actual situation, and you should be wary of anyone who does. Tell us what happened and an adviser can give you a realistic view.
Common questions
Not necessarily. Reinstatement (getting your job back) is actually the primary remedy the Fair Work Commission considers first. Compensation is awarded where reinstatement isn't appropriate, and it's capped and based on your individual circumstances, not a fixed amount.
Factors like your length of service, the remuneration you would have earned, efforts to find other work, and any misconduct on your part. There's no simple formula, which is exactly why generic numbers you might see online aren't reliable for your situation.
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