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Unfair Dismissal

Most employees, other than state or local government employees, are able to claim for unfair dismissal in the Fair Work Commission. Exceptions are employees with less than 6 months service, or 12 months service in the case of 'small employers'; employees earning over an indexed amount ($129,300 as at October 2013) and cases of genuine redundancy.


State or local government employees are still able to make a claim via the New South Wales Industrial Relations Commission. There are very strict time limits for employees to make claims for unfair dismissal –normally only 21 days- and it is very difficult to extend this period.


An employee can also make a “General Protections” claim against their employer in cases of “adverse action”, including changing conditions of employment, disciplinary action and discrimination, dismissal for certain proscribed reasons such as involvement in industrial associations or dismissal as a  result of illness or work injury.


Our firm has experience in advising both employers and employees of their rights and obligations in these matters and has appeared before Federal and State tribunals.

 

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ABN 65001889317

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