Can I claim for unfair dismissal? This quiz will help you work out if you may be eligible for a remedy under Australian unfair dismissal laws. If you have any questions please contact us. We are always happy to help.
1. Were you an employee?
You might think this goes without saying, but you must be an employee to make an unfair dismissal claim. For example, a subcontractor is not an employee.
2. Were you a dismissed employee?
This may seem obvious, but not all circumstances involving the termination of an employment relationship amount to a dismissal. There are certain circumstances that seem like a dismissal but are not a dismissal. For example, a fixed term contract coming to an end is not a dismissal. Similarly, a reasonable demotion is not a dismissal.
3. Were you dismissed in the last 21 days?
You only have 21 days to file your unfair dismissal claim. If your dismissal took effect more than 21 calendar days ago, your application is out of time. The Fair Work Commission will only allow this application to proceed if it is satisfied that there were exceptional circumstances for the delay.
4. How long were you an employee for?
The minimal period of employment differs between small business employers and other employers. A small business, for the purpose of unfair dismissal, is a business with fewer than 15 employees based on a simple head count. If you worked for a business with 15 or more employees, you must have been employed for at least 6 months to make an unfair dismissal claim. If the employer had less than 15 employees, then you must have been employed for at least 12 months to make a claim.
The headcount involved counting all the employees employed at the time of dismissal. This includes full time, part time and casual employees.
6. How much did you earn?
The high income threshold is $142,000. However, if a modern award or enterprise agreement covers your employment then the high income threshold does not apply.