Lost Your Job Due to Coronavirus? Here’s What You Need to Know

How has COVID-19 impacted the Australian workforce?

COVID-19 has had an impact on organizations all across the world. Aside from the unfortunate human cost of the virus, the global economy has taken a hit. Since it is a matter of health and safety, employers are expected to take action to minimise the potential of spread and support those who are infected or at risk. Unfortunately, growing transmission rates, physical-distancing measures, and overwhelmed healthcare systems have hit businesses right where it hurts. Demand for certain goods and services has fallen and suppliers often fail to deliver products with the same consistency that they could before.

The combination of many factors have caused a growing number of businesses to cease operations, temporarily or otherwise. Many members of the Australian workforce have lost their jobs. Small businesses, in particular, are struggling to maintain a positive cash flow and pay their employees. Redundancies have occurred across industries and some employees have been asked to take cuts or go on furlough.

If you’ve recently lost your job as a result of COVID-19, you may be wondering if your dismissal was lawful and if you can claim compensation. Here are the answers to a few questions you may be asking:

How do I know if my case amounts to an unfair dismissal?

Even in the face of a pandemic, the definition of unfair dismissal under the Federal Government’s Fair Work Act 2009 has not changed. Section 385 states that a person has been unfairly dismissed if the FWC is satisfied that:

1. The person has been dismissed; and
2. The dismissal was harsh, unjust or unreasonable; and
3. The dismissal was not consistent with the Small Business Fair Dismissal code; and
4. The dismissal was not a case of genuine redundancy.

It’s important to note that employees filing for unfair dismissal must have met the minimum period of employment of 6 months—12 months if they are working for a small business. Casual employees may also not be eligible for an unfair dismissal remedy.

The following are a few of the measures employers can legally take in an effort to cut labor costs:

• Order employees to stand down if they can demonstrate that s.524 of the Fair Work Act 2009 applies;
• Dismiss employees in cases of genuine redundancies;
• Request employees to voluntarily reduce hours or days worked, take leave, or accept pay cuts

Employers cannot necessarily dismiss employees for contracting COVID-19 or for requesting leave to self-isolate (assuming they are required to do so). You can read more about some of the COVID-19 and Australian workplace laws here.

If the termination of your employment meets the eligibility requirements for an unfair dismissal claim pursuant to the Fair Work Act 2009, you may be able to file and successfully make an unfair dismissal claim.

What are the remedies for unfair dismissal?

Sections 390 to 392 of the Fair Work Act 2009 states that, should the Fair Work Commission (“FWC”) find a person’s dismissal to be unjust, there are two possible remedies that could be ordered: (1) reinstatement or (2) compensation. Court-ordered remedies will vary depending on the circumstances and different factors involved, but the default position is that reinstatement to your job is the primary remedy. For a better idea of what you could expect to result from your unfair dismissal claim, consult an employment lawyer.

How do I start an unfair dismissal claim?

To start an unfair dismissal claim, you need to lodge your application within 21 days of dismissal. You can lodge an application with the FWC, who will then assess whether your termination constitutes unfair dismissal.

Conclusion

The issues surrounding unfair dismissal can be complex and nuanced, and professional legal advice is very valuable. It is wise to consult an employment lawyer before lodging your application because they can help assess your options and gauge a realistic outcome.

Andrew Byrnes Law Group are experienced lawyers that can assist you with your employment law case. We serve Canberra and the surrounding areas including Queanbeyan, Goulburn, and Wollongong. If you believe you’ve been wrongfully dismissed or discriminated against because of the coronavirus, we’re ready to help. Get in touch today.