5 Signs Your Firing Wasn’t Actually Fair (And What to Do About It) -

Getting fired is tough. It can feel personal, confusing, and, in some cases, completely out of left field. But not every dismissal is lawful — and if something about the way you were let go doesn’t sit right, it’s worth looking into. You might not just be upset — you might have grounds to challenge it.

There’s a difference between a legal dismissal and an unfair one. If you suspect your employer didn’t follow the rules, speaking with an unfair dismissal lawyer can help you understand your rights and whether your firing was actually unlawful.

Here are five red flags that your dismissal may not have been fair — and how to respond if you spot them.

1. You Were Fired Without a Valid Reason

Employers can’t legally dismiss someone without a fair and valid reason. It doesn’t need to be criminal misconduct — poor performance or company restructure can be valid grounds — but there must be something concrete and justifiable.

Unfair example: You’re told you’re “just not a good fit” with no prior warnings or issues raised.

If there’s no clear explanation or if the reason seems made up or exaggerated, that’s your first sign something might be off.

2. You Weren’t Given a Chance to Improve

Let’s say performance was the reason for your dismissal. Before letting you go, your employer should have:

Clearly outlined what wasn’t working
Given you constructive feedback
Allowed you a chance to improve

If this process didn’t happen — especially if this was the first time you were told about a problem — your dismissal could be considered harsh or unreasonable.

3. The Process Was Rushed or Incomplete

Even if there was a valid reason to let you go, the process still matters. Fair Work requires that employers:

Inform you of the reason for termination
Give you a chance to respond
Consider your explanation
Allow a support person if requested

If none of these steps were followed, or the decision seemed predetermined, that’s a red flag.

4. You Were Fired Soon After Raising a Workplace Issue

Have you recently:

Complained about workplace bullying or harassment?
Requested parental leave or carer’s leave?
Reported unsafe working conditions?
Asked about your entitlements?

If your dismissal came shortly after you stood up for your rights, it might not be a coincidence. Employers cannot legally punish workers for exercising their lawful rights or raising legitimate concerns.

5. You Were Treated Differently Than Others

If you were let go while others in the same situation were allowed to stay — or if you’ve been singled out without explanation — you may be dealing with discrimination or bias.

Watch for patterns like:

Being targeted after returning from leave
Not being warned while others were
Receiving harsher treatment compared to coworkers in similar roles

Fairness isn’t just about what happened — it’s also about how it happened, and whether it was consistent across the board.

What to Do If You Suspect Unfair Dismissal

✅ Stay Calm and Gather Information

Before taking any action, collect everything you can: your contract, payslips, emails, performance feedbacks, and anything else that documents your work history or the dismissal. Keep a timeline of what happened and when.

✅ Don’t Sign Anything Right Away

Some employers may offer a separation agreement or ask you to sign something quickly. Don’t feel pressured — take time to review it. Signing could waive your rights to take further action, so it’s important to get advice first.

✅ Act Quickly

Unfair dismissal claims usually need to be lodged with the Fair Work Commission within 21 days of your termination. If you miss this window, your options may be limited.

✅ Get Legal Advice

Whether you’re looking to get your job back, negotiate compensation, or just understand if you have a case, professional advice is essential. A legal expert can assess your situation, help you decide on next steps, and guide you through the process.

Moving Forward with Confidence

No one wants to deal with the stress of losing a job, especially when it feels like the rules weren’t followed. But you have rights — and you’re not powerless. Understanding the signs of unfair dismissal and acting early can make all the difference in how you recover and move on.

You deserve fair treatment — and if that didn’t happen, you don’t have to accept it quietly.