Unfair Dismissal – What is it?
An unfair dismissal takes place when the employer:
1. Has no valid reason for the termination, and/or
2. Fails to follow a fair and reasonable process before dismissing an employee.
Am I eligible?
An employee is eligible to make an application to Fair Work Australia if at the time of dismissal he or she:
1. Completed a minimum employment period of at least 6 months (or one year in the case of an organisation with less than 15 employees), and
2. Was earning less than $108,300 per annum.
What are the possible outcomes?
Fair Work Australia may order compensation up to the amount the employee would have earned in a period of six months, and/or reinstate the employee.
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