unfair dismissals australia

unfair dismissals australia in USA

Unfair Dismissal in Australia - Know Your Rights and Learn How to Get Help to Claim Them

In Australia, employees who are unfairly dismissed during probation period have 14 days from the date of dismissal to bring an unfair dismissal claim. Unfair dismissal proceedings are brought before Fair Work Australia (FWA). Small business employers are be able to seek immunity from these claims. The definition of a small employer is whether an employer has fewer than 15 employees.

An employee of a small business employer will only be able to institute unfair dismissal proceedings if he/she has been employed with the business for at least one year. After this one year period a small business must be able to demonstrate that it has followed the processes set out in the "Small Businesses Fair Dismissal Code" in order to be able to successfully defend an unfair dismissal claim.

Employees who are engaged by businesses other than a "small business" (i.e. employers of 15 or more employees) are only able to institute unfair dismissal proceedings where they have been employed for at least 6 months and earn less than $108,300 per annum.

Fair Work Australia has the discretion to conciliate a dispute or refer it to a hearing after taking into account the views of the parties. A hearing may be held at any time (i.e. before, after or during a conciliation conference). Before dealing with the merits of an unfair dismissal claim, Fair Work Australia must determine whether:

1. the application has been brought within the prescribed time period;
2. the application has been made against a person who is protected from unfair dismissal;
3. whether the dismissal was consistent with the Small Business Fair Dismissal Code (if applicable); and
4. whether the dismissal was as a result of a genuine redundancy.

In considering whether a dismissal was harsh, unjust or unreasonable, Fair Work Australia must take into account:

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