The termination of an employee or being terminated is never an easy decision, but it must be conducted in a fair and proper manner.

A person is dismissed when a persons employment has been terminated at the employers imitative or a person was forced to resign because of the conduct or course of conduct engaged in by the employer.

What is an unfair dismissal?

An unfair dismissal under the air Work Act is satisfied when an employee has been dismissed and the dismissal was:

  • harsh, unjust or unreasonable, and
  • not consistent with the Small Business Fair Dismissal Code (in unfair dismissalthe case of employees of a small business), and
  • not a case of genuine redundancy.

When is a person protected from unfair dismissal?

An employee of a national system employer (called a national system employee) who has been dismissed is protected from unfair dismissal and eligible to make an application for unfair dismissal remedy if:

  • they have completed the minimum period of employment

AND

  • they earn less than the high income threshold (currently $148,700 per year), or
  • a modern award covers their employment, or
  • an enterprise agreement applies to their employment.

 

Useful links

Fair Work Commission

Fair Work Ombudsman

 

Unfair Dismissal

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