Determining your unfair dismissal eligibility, and whether you are eligible to make an unfair dismissal claim, can be confusing. You must meet all 5 of the following criteria to make an unfair dismissal claim:
It is estimated that 5% of the Australian workforce are engaged through labour hire agencies. These workers are often referred to as agency staff or temps. Labour hire arrangements are unique because there are three parties to the employment relationship. The employee, the agency and the host employer. Due to this complexity there is often confusion about protection from unfair dismissal for agency staff. Further confusion arises when identifying which party is the actual employer. This article explores how the FWC has recently considered the connection between labour hire employees and unfair dismissal.
Under section 394(2) of the Fair Work Act, an unfair dismissal claim must be filed with within 21 days of the termination. An extension of time may be granted where the Fair Work Commission is satisfied that there are “exceptional circumstances” for a delay. Read more