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What does section 385 of Fair Work Act 2009 (Cth) relate to?

Section 385 of the Fair Work Act 2009 is an important piece of legislation that relates to the protection of employees' rights in the workplace. This section provides specific guidelines for employers when it comes to unfair dismissal claims.

In essence, section 385 establishes that an employer cannot terminate an employee's employment in a way that is harsh, unjust or unreasonable.


This means that employers must have a valid reason for terminating an employee's employment, and must follow a fair process in doing so.


The section also provides that employees have a right to be informed of the reasons for their dismissal, and to have an opportunity to respond to those reasons before their employment is terminated.


Additionally, employers must ensure that employees are provided with any notice or pay in lieu of notice that they are entitled to.

Section 385 is an important tool for ensuring that employees are treated fairly and justly in the workplace. It provides a clear framework for employers to follow when making decisions about terminating employees' employment, and helps to ensure that employees are protected from unjust treatment.


In summary, section 385 of the Fair Work Act 2009 is a vital piece of legislation that sets out clear guidelines for employers when it comes to terminating employees' employment.


By following these guidelines, employers can ensure that their employees are treated fairly and justly, and that their rights are protected in the workplace.


If you need assistance with this kind of matter, please complete the priority intake form on our website or call 1800 238 622 to arrange a teleconference with one of our advocates.

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