“Unfair Dismissal” is when an employee is dismissed from their job in a way that is harsh, unjust or unreasonable.
The particular circumstances of your employment and dismissal are relevant to this determination.
The claim for unfair dismissal is made under the Fair Work Act 2009, to the Fair Work Commission, and there are strict time limits that apply!
The application MUST be lodged within 21 days of the dismissal, so you must not delay!!
Who is covered by these protections?
- Employees in private practice
- Employees of the Commonwealth government.
Who is NOT covered by these protections?
- Employees earning higher than the ‘high income threshold” (currently $148,700.00)
- Employees in State government / local government
- Independent contractors
- Employees who resign
- Employees employed under a Contract of Employment for a specific period of time / specific task / duration / season, who are dismissed at the end of the period / task / season.
Who is eligible to apply to Fair Work Commission?
- Employees of a “small business” (fewer than 15 employees) must have been employed for a minimum period of ONE YEAR.
- Otherwise, the employee must have been employed for a minimum period of SIX MONTHS.
Issues to be decided by Fair Work Commission:
- The applicant was an employee who was DISMISSED.
- The dismissal was HARSH, OR JUST, OR UNREASONABLE
- The dismissal was NOT A GENUINE REDUNDANCY
- If the employer is a ‘small business’ the dismissal was not consistent with the Small Business Fair Dismissal Code.
You may visit the Fair Work site for more information and / or obtain legal advice to ensure your interests are protected and the application lodged within time.
