Employment & WHS: Employment & Industrial Relations - Guides
Employment & Industrial Relations
7. Unfair Dismissal
Firm / Chambers:
Last updated: 26 Jul 2015
- Dismissal may amount to an unfair dismissal under the Fair Work Act if your employment was terminated:
- for no valid reason;
- with no prior warning or no fair chance to improve your performance; or
- you were retrenched or made redundant but then a new employee was hired to perform your role.
- Under the Fair Work Act if you believe you have been unfairly dismissed an unfair dismissal application must be lodged with the Fair Work Commission within 21 days of the termination of your employment. An extension of time will only be granted in very limited circumstances.
- An employee cannot make an unfair dismissal application unless they are:
- covered by the national system;
- have been with the employer for at least:
- 6 months; or
- 12 months if the employer is a small business that employs less than 15 full time equivalent employees; and
- were earning less than $129,300 or more than $129,300 but were covered by an award or enterprise agreement.
- If you believe you may have been unfairly dismissed our free Find a Lawyer directory may help put you in touch with the assistance you need.
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