Is it unfair or wrongful dismissal?
These two legal terms sound alike but lead to different claims and different courts.
What is the difference between unfair and wrongful dismissal?
Unfair dismissal asks whether your employer had a good enough reason to end your job. Wrongful dismissal asks whether your employer broke the contract itself, usually by not giving proper notice.
Unfair dismissal claims go through the Industrial Relations Department and then the Industrial Court, under the Industrial Relations Act. Wrongful dismissal claims are contract disputes and usually go through the civil courts.
If you were dismissed without a fair reason or process, you are looking at an unfair dismissal claim.
Which one applies to you?
If your complaint is that there was no good reason, or that you never got a chance to explain, that points to unfair dismissal. You have 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations.1
If your complaint is narrower, such as the company ending your contract without paying the notice you were owed, that leans toward wrongful dismissal. Some situations raise both issues at once.
Write both possibilities side by side: what each claim would argue, and which one matches your facts. You do not need the perfect legal label before you speak to anyone.
What can each claim produce?
An Industrial Court award for unfair dismissal can include back wages, capped at 24 months for a confirmed employee and 12 months for a probationer.2 Read how the unfair dismissal process works so you know what a Section 20 representation involves before you commit.
Confirm your timeline with the deadline calculator, because the 60-day window matters if your claim turns out to be unfair dismissal.
If notice pay or contract terms are your main issue, say so when you speak to an employment lawyer, because the paperwork and the court differ.
Bring your termination letter and contract, and an independent lawyer can review which claim fits and act on it if it is a case they can take on.
If you are weighing which claim fits your dismissal, an independent employment lawyer can review your facts against both routes. They can act on the one that suits, if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Can I bring both an unfair dismissal and a wrongful dismissal claim?
Sometimes the same facts support both, for example a dismissal with no fair reason that also skipped the notice period you were owed. An employment lawyer can look at your contract and the dismissal letter together and tell you whether both routes are worth pursuing.
Is wrongful dismissal about how I was fired, not why?
That is close to right. Wrongful dismissal usually focuses on whether the employer honoured the contract terms, notice included, while unfair dismissal focuses on whether the reason and process behind the decision were fair under the Industrial Relations Act.
Which route is faster?
Neither route is quick, but they move differently. Unfair dismissal claims go through conciliation before the Industrial Court, while wrongful dismissal is a civil suit. Speed depends on the specific facts more than the label attached to the claim.
What if I am not sure which one fits?
That is common. Your termination letter and contract usually settle which route applies, so read both for the reason given and the notice you received.
Sources
- A worker who believes a dismissal had no just cause or excuse has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
- Back wages awarded for unfair dismissal are capped at 24 months for a confirmed employee and 12 months for a probationer. DNH
Keep reading
If you are weighing which claim fits your dismissal, an independent employment lawyer can review your facts against both routes. They can act on the one that suits, if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.