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.
On 23 December 2016 Mr Trialonas made an unfair dismissal application to the Fair Work Commission pursuant to section 394 of the Fair Work Act 2009. Mr Trialonas sought a financial remedy from his employer, which he identified as “3D Scaffolding”.
In Australia, an employee cannot make a claim for unfair dismissal if the dismissal was a case of “genuine redundancy”. So, the relevant question is: what is the difference between a genuine and a non genuine redundancy ?