Unfair Dismissal

Unfair Dismissal

If you have been terminated you may have an entitlement to make an application for unfair dismissal to the Fair Work Commission.  You can seek an order for reinstatement or compensation up to 26 weeks.

To be eligible to apply for unfair dismissal the employee must:

  1. have completed a minimum employment period of at least 6 months (or 1 year in the case of a small business employee);
  2. earn less than $123,300.00 per annum;
  3. be covered by a modern award or enterprise agreement if they earn more than $123,300.00.

For the purposes of unfair dismissal, a small business is any employer with fewer than 15 employees (including part time and casual employees.

The following persons cannot make an unfair dismissal claim:

  1. contractors;
  2. employees who freely resigned from their employment;
  3. employees who are demoted but have had no significant reduction in their remuneration or duties, and who remain employed; and
  4. employees dismissed in a case of genuine redundancy.

An application must be lodged within 21 days of termination.  An extention of the 21 days will generally only be granted where there are exceptional circumstances.

A person seeking to make an application for unfair dismissal should seek legal advice as soon as possible.  A dismissed employee may also have other rights which could be pursued.

For more information in relation to unfair dismissal claims call Peter Moore on (02) 4324 7699.

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