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When can I make an unfair dismissal claim?

I have been dismissed from my job as a casual employee because I had an argument with my boss. I worked in the same role for 2 years for 4-5 days per week. Can I make an unfair dismissal claim?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 11-11-2015
1 Lawyer Answered
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Kate Luckman, Dulwich Hill 2203 NSW

  • For a casual employee to lodge an unfair dismissal claim they must have:
    • been employed for the minimum employment period; and
    • been employed on a regular and systematic basis.
  • The minimum employment period is 6 months or 12 months if employed by a small business with less than 15 employees.
  • As you have been employed on a regular and systematic basis for 2 years and you believe the dismissal was unjust or unreasonable you may be able to make an unfair dismissal claim. 

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