An unfair dismissal in Australia is the termination of the employment of an employee by an employer in circumstances where the fair work laws provide that (a) the employee is protected from unfair dismissal and (b) the dismissal is relevantly harsh, unjust or unreasonable.
Under the national Fair Work Act there are a number of qualifying criteria which must be met for the employee to qualify for protection from unfair dismissal for example that the employee has been employed for at least the required qualifying period and that the employee’s earnings do not exceed what is called the high income threshold unless the employee works under an enterprise agreement.
When determining whether the dismissal is relevantly harsh, unjust or unreasonable the Fair Work Commission looks at a number of express factors such as whether there is a valid reason for the dismissal relating to the employee’s capacity or conduct and the process which is followed leading to the dismissal.
The Australian system also recognizes unlawful dismissals and some States such as Western Australia have retained an unfair dismissal system which operates alongside the national system and deals with employers who are sole traders and State government entities. Sometimes determining which jurisdiction is appropriate is a complex legal issue.
There are very tight time limits in all Australian unfair dismissal jurisdictions.
The remedy for unfair dismissal is largely discretionary and typically includes reinstatement, compensation, continuity of employment and lost pay orders.
You should urgently consult a legally trained adviser if you believe you have been unfairly or unlawfully dismissed.