Employers and employees must be aware of the statutory unfair dismissal laws under the Fair Work Act that apply across ALL States in Australia
Statutory unfair dismissal laws apply to large corporations AND small business.
It is available when: –
A termination on an employer’s own initiative or the employee was forced to resign because of the conduct by the employer.
Unfairly dismissed means:
The dismissal was harsh, unjust, or unreasonable and the dismissal was not a case of genuine redundancy.
Harsh, unjust, or unreasonable factors
The Fair Work Act considers various factors to determine whether an employee’s dismissal was harsh, unjust, or unreasonable such as but not limited to: –
A successful claim against unfair dismissal can avail
An employee was dismissed after 17 years of employment after testing positive to marijuana following an accident when he oversaw a ferry. The court held that the dismissal was for a valid reason, well sounded and defensible under the Fair Work Act.
However, in another instance an employee was not given the opportunity to explain why he failed to change a switch in a motor home that was been sold. This failure to be afforded the opportunity to explain was deemed unfair dismissal since the employee was not given the opportunity to explain that he had intended to complete the task later.
If you or someone you know has been dismissed unfairly, or you are an employer and need legal advice before you dismiss an employee contact Rep-Revive Employment Lawyers® for an initial consultation.