I think I’ve been unfairly dismissed. Now what?

Pregnancy and parenting-related discrimination is unlawful in Australia. Sadly, it continues every day. 

If you believe you’ve been dismissed due to pregnancy or parental-related discrimination, you’re not alone and there is help. 

Knowing your options is the first step. You may have various legal claims against your employer, including a: 

  • unfair dismissal claim; 
  • discrimination claim; or 
  • general protections claim.

Bringing a claim may allow you to pursue compensation. You might also ask for other remedies like getting your job back. 

Each claim has upsides and downsides. Choosing one pathway may also stop you choosing another pathway later on. We provide a high-level comparison of each type of legal claim on our website

The next thing is to move quickly. Legal claims have time periods. 

If you would like to bring a dismissal-related claim to the Fair Work Commission (including Unfair Dismissal) you must apply within 21 days of the dismissal taking effect. The Commission will only allow extensions in exceptional circumstances. Acting quickly means you can keep more options open. 

Considering whether you need assistance is another important step. 

If it makes sense to hire a lawyer for your situation, and you can afford to pay for a lawyer, then you should do that. However, paying for a lawyer is often not possible. Sometimes a union or community legal centre can assist in that situation. 

Just because you don’t have a representative, doesn’t mean you should not pursue your case. Many people choose to represent themselves in a claim before the Fair Work Commission, as well as other Tribunals and Courts. Places like the Fair Work Commission try to make it easy for you to represent yourself. This is absolutely something you can do. 

Finally, Bumpd can help you make an unfair dismissal claim. Based on your responses to a series of questions, Bumpd will generate a draft unfair dismissal claim that argues your case. Bumpd aims to make it easier for you to seek compensation and stand up for your rights.

To find out more about your rights and how we can help you, please look through the resources on bumpd.org.au.

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