Unfair dismissal refers to an employee’s termination that is harsh, unjust, or unreasonable. It also includes the instances where an employee’s resignation was coerced due to the employer’s conduct, a concept known as constructive dismissal.
At the heart of an unfair dismissal claim, the following elements are considered:
- The employee was dismissed.
- The dismissal was harsh, unjust, or unreasonable.
- The dismissal was not a case of genuine redundancy.
- If the employer is a small business, the dismissal did not comply with the Small Business Fair Dismissal Code.
Eligibility for Unfair Dismissal Claim
Not all employees can make an unfair dismissal claim. There are specific criteria that an employee must meet:
- The employee must be covered by the Fair Work Act and a modern award or an enterprise agreement.
- The employee must have completed a minimum period of continuous employment with the same employer—six months for regular businesses and one year for small businesses with less than 15 employees.
- 21-day time limit in unfair dismissal cases
Feeling frustrated and unjustly let go? Workclaims Australia is here to assist.
Our team of experienced professionals is dedicated to helping you understand your rights and navigate the complexities of employment law. We provide personalised advice and support tailored to your unique situation.
