Under the Fair Work Act, there have been changes to unfair dismissal laws, and employees who have completed a “minimum employment period” and are covered by a modern award and/or an enterprise agreement can bring an action for unfair dismissal.
People working in a ‘small business’ (under 15 employees) cannot bring an action for Unfair Dismissal unless they have been employed for 12 months;
For all other employees it will be 6 months;
Employees outside an award or agreement and earning more than the high-income threshold (set at $100,000 and indexed) are not eligible to make a claim.
You have 14 days to lodge an unfair dismissal claim from the day you were told you were sacked or you finished up, whichever is later.
Unfair dismissal law Claims can be lodged by phone with a fee of $56.00.
There is a Small Business Fair Dismissal Code, which covers the procedures for dismissal along with the grounds for Summary Dismissal.
Some employers relied on the 'genuine operational reasons' exemption to avoid unfair dismissal claims in redundancy situations. This has been removed and a ’genuine redundancy’ clause added. This reinforces the notion that redundancy cannot be offered as an alternative to termination.
Unfair dismissal law Claims can be lodged by phone with a fee of $56.00.
There is a Small Business Fair Dismissal Code, which covers the procedures for dismissal along with the grounds for Summary Dismissal.
Some employers relied on the 'genuine operational reasons' exemption to avoid unfair dismissal claims in redundancy situations. This has been removed and a ’genuine redundancy’ clause added. This reinforces the notion that redundancy cannot be offered as an alternative to termination.
Solicitora practising in employment law also act as unfair dismissal lawyers and can provide qualified unfair dismissal advice to bothe employers and employees as need arises.
