In Australia, unfair dismissal occurs when an employer terminates an employee's employment in a harsh, unjust, or unreasonable manner, and the termination was not related to the employee's conduct or performance. The Fair Work Commission (FWC) is the authority responsible for dealing with unfair dismissal claims in Australia.
To be eligible to make an unfair dismissal claim, an employee must have been employed for at least six months (or 12 months for small businesses with fewer than 15 employees), and their annual earnings must not exceed a certain amount, which is reviewed annually.
If an employee believes they have been unfairly dismissed, they can make an application to the FWC within 21 days of their dismissal taking effect.
The FWC will then assess whether the dismissal was unfair, taking into account a range of factors, including the reasons for the dismissal, whether the employee was given a chance to respond to the allegations, and whether the employer followed a fair process in making the decision.
If the FWC finds that the dismissal was unfair, it can order the employer to reinstate the employee or pay them compensation.
The amount of compensation will depend on the circumstances of the case and can include lost wages, superannuation, and other benefits.
It is important to note that some employees are not eligible to make an unfair dismissal claim, including casual employees, independent contractors, and employees who were terminated due to genuine redundancy.
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