Unfair dismissal?

There are certain circumstances where employees are protected from unfair dismissal, the summary of these circumstances are set out in s382 of the Fair Work Act 2009.  To be eligible to make a claim for unfair dismissal an employee must have completed the minimum employment period – 6 months immediately before or at the time of dismissal or one year if a small business employer – and also be subject to one of:
covered by a Modern Award relating to the employment;
covered by an enterprise agreement applicable to the employment;
have an aggregated annual rate of earnings less than the ‘high income threshold’

Employers must ensure that any dismissal is carried out with procedural fairness for the process not be be classified as ‘harsh, unjust or unreasonable’

The Compliance Essentials Team