Posted on March 05, 2026
Josh Bryson
If your employer has terminated your employment, it is easy to get caught up in the stress and emotions with your uncertain financial and professional future.
But it is critical to determine whether your termination was done for a valid reason.
An employee that has been wrongfully terminated by their employer may have various options including seeking a remedy through the following legal actions:
1. Breach of Contract;
2. Unfair Dismissal Claim; and
3. Adverse Action Claim.
Breach of Contract
A breach of contract claim is a claim against your employer for a breach of the terms of your employment contract which you signed at the commencement of your employment. This is referred to as a wrongful dismissal as your employment has been wrongfully terminated in a way which goes against the direct terms of your employment contract. This may include your termination without reasonable notice.
The remedies for breach of contract you may wish to seek include:
- Compensation for the financial loss directly resulting from the breach of contract; and
- Specific performance that the other party must perform to fulfill their obligations under the performance contract.
Unfair Dismissal
An employee’s dismissal is deemed unfair if the employer has harshly, unjustly or unreasonably terminated the employee’s employment. It is critical for an employee to act quickly as you only have 21 days after being dismissed to file an application with the Fair Work Commission.
After your application is filed the parties will be invited to a Conciliation Conference and if it is not settled the matter will proceed to a final hearing in front of the Fair Work Commission.
An employee may seek remedies such as the reinstatement of your role with your employer or compensation for loss of wages, which is capped at 26 weeks.
Adverse Action
Adverse action is an act taken by your employer to an employee that is unlawful and directly goes against an employee’s workplace rights.
For example, it may be unlawful to dismiss an employee because they:
- Went on parental leave;
- Made a complaint about underpayment of wages or entitlements; and
- Requested flexible working arrangements.
Adverse action claims require a higher threshold than the other claims to be successful. This is due to adverse action claims holding a reverse onus of proof requiring an employer to prove that they did not conduct an adverse action against an employee. An adverse action claim also has no cap for statutory compensation to be awarded to the employee and can involve civil penalties for the employer.
Next Steps
It is important to seek legal advice as an employee to ensure that you have sufficient grounds to bring a claim against your employer and to determine which claim best suits your circumstances.
If you believe you have been unfairly terminated from your workplace, please seek legal advice from Scanlan Carroll Lawyers.
Recent Articles
News Categories