Unfair Dismissal

Employees paid less than $148,7000 (at the time of writing this article), who have been employed full time, part time or as casuals on a regular and systematic basis for more than 6 months, and those working in businesses with less than 15 employees for more than 12 months, have recourse to unfair dismissal laws in circumstances where they are terminated other than for reasons of genuine redundancy (where the employer no longer requires the employees job to be done by anyone).

In the first instance unfair dismissal proceedings are dealt with by conciliation: the employee and their employer go before a Commissioner from Fair Work Australia (most often over the phone) to try and resolve the complaint. Where the parties can’t agree, the unfair dismissal application is sent before the Fair Work Commission for arbitration, in which a commissioner makes a binding decision.

If the Fair Work Commission decides that an employee’s termination was harsh, unjust or unreasonable in the circumstances, the commissioner may decide to reinstate the employee’s employment, order the employer to pay compensation to the employee of up to 6 months’ pay, or both.

Either party may apply for permission of the Fair Work Commission to be represented by a lawyer during proceedings.

Unfairly Dismissed? Contact the specialists at Conditsis Lawyers