Protection from unfair dismissal; length of service Part 2

To be protected from unfair dismissal under the Fair Work Act (different considerations apply to other jurisdictions such as the Western Australian Industrial Relations Commission) an employee must have been continuously employed for a minimum of 12 months for an employee of a small business and 6 months for other employers.

Under sec 22 of the Fair Work Act 2009 a period of service with an employer does not include any “excluded period” which is a period which does not count as service but does not break continuous service and does not count towards the length of service. Unauthorised absences are excluded as are most periods of unpaid leave or unpaid authorised absences and stand down time.