Unfair dismissal laws in Australia commenced on June 30, 2009 under the Fair Work Act 2009. Since passage, there has been a significant increase in the number of claims filed with the Fair Work Commission. In 2008-2009, there were 7,994 complaints lodged against employers, while 2010-2011 there were 16,768, representing an increase of more than 52 percent since 2008-2009. Go to Source
Unfair Dismissal in Australia
When an employee is dismissed from their job under harsh or unjust circumstances, they may be eligible to file a claim. The law applies to employees who have been employed for at least six months, or 12 months if it is a company with fewer than 15 employees. Small businesses have different unfair dismissal regulations than larger employers. Go to Source
Is Everyone Eligible to File an Unfair Dismissal Claim?
Only employees covered by the national workplace relations system are covered under the unfair dismissal laws while other employees may be able to file claims under state laws. Employees covered include all employees in Victoria, the Northern Territory or the Australian Capital Territory as well as those employed in private enterprise in New South Wales, Queensland, South Australia or Tasmania. If you are employee of the local government in Tasmania, you are also eligible to file a claim. In addition, if you are employed by a constitutional corporation in Western Australia or by the Commonwealth, Commonwealth authority, you may be eligible. Waterside employees, maritime employees or fight crew officers engaged in interstate or overseas trade or commerce are also eligible.
What Constitutes Harsh, Unjust or Unreasonable Dismissal?
In order for a dismissal to be considered unfair, the Fair Work Commission must determine whether there was a valid reason for the employee’s dismissal that was related to their capacity or conduct. Some acts are considered valid for instant dismissal, such as theft, fraud, violence and serious breaches of protocol related to health or safety. There must also be a procedure in place that is fair to the employee. In addition, the Commission will factor in the employee’s performance record, age, years of service, contrition for the conduct that resulted in dismissal and any other factor deemed relevant.
If you have been the victim of an unfair dismissal, there are options available to you. You may be eligible for compensation, or you could be given your job back.
If you need help, advise, or more information with your unfair dismissal claim to the commission, please don’t hesitate to contact us anytime via email or call us on 1800 333 666 (Toll Free). We are here to listen and help you with every way we could. We care for you. We fight for you!
