Employment Law : Unlawful and Unfair Dismissals

After the restrictions on unfair dismissal brought about by the previous Federal Government's WorkChoices system, the current government's Fair Work Australia scheme opens up unfair dismissal claims to most employees. Since 1 January 2010 most employees, other than state or local government employees, are able to claim for unfair dismissal in the new body Fair Work Australia. 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 ($113,800 as at August 2010) and cases of genuine redundancy. Those working for state or local government employees are still able to make a claim via the New South Wales Industrial Relations Commission and this right has not been affected by Federal Government changes. There are very strict time limits for employees to make claims for unfair dismissal (as short as 14 days in the case of applications to Fair Work Australia).

An employee also can claim for unlawful dismissal in situations such as dismissal for either involvement in or refusal to be involved in industrial associations or dismissal of employees who are absent due to illness.

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 bodies in these applications.

Law 9000 Lic.Law 20008 SAI Global