Unfair dismissal
In Australia, the Fair Work Act 2009 governs most private employment law situations.
It provides protections for employees, ensuring they have avenues to contest dismissals that are harsh, unjust, or unreasonable.
What is Unfair Dismissal?
Unfair dismissal occurs when an employee is terminated in a manner that is harsh, unjust, or unreasonable.
Harsh: The dismissal is excessively severe given the circumstances.
Unjust: The termination lacks valid justification.
Unreasonable: The decision to dismiss is not considered rational or fair.
The Fair Work Commission is the government body that oversees unfair dismissal claims.
Who Can Make an Unfair Dismissal Claim?
Not all employees are eligible to lodge an unfair dismissal claim. To qualify, the following criteria generally applies:
Employment Duration
a minimum employment period of 6 months is required for employees of large businesses (15 or more employees).
a minimum employment period of 12 months is required for employees of small businesses (fewer than 15 employees).
Salary Threshold
Additionally, employees earning above the high-income threshold (currently $183,100.00 per annum) who are not covered by an award or enterprise agreement are ineligible.
Lodging the Claim
Employees must lodge their claim with the Fair Work Commission within 21 days of the date of dismissal. Late applications are only accepted in exceptional circumstances. However, it may be worth seeking leave to lodge a claim out of time.
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Disclaimer
This article is general in nature and is not intended to constitute legal advice. If you require legal advice please make an appointment with one of our lawyers to help you. Roseville Legal Services does not incur any responsibility for the use of any information provided in this article.
