What is Fair Work Australia?
Fair Work Australia (FWA) is the national workplace relations tribunal. It is an independent body with the power to deal with various workplace issues including unfair dismissal claims.
What is unfair dismissal?
An employee is eligible to make an application for unfair dismissal in circumstances where:
- The employee was employed by a private enterprise which is covered by the national unfair dismissal laws
- The application has been filed within 21 days of the dismissal taking effect
- The employee has completed a minimum employment period of:
- One year where the employer employs fewer than 15 employees; or
- Six months where the employer employs 15 or more employees.
If the employee’s earnings are more than $129,300 per year, the employee must be covered by an award or an enterprise agreement.
In determining the application it is necessary to prove that:
- The employee was dismissed
- The dismissal was harsh, unjust or unreasonable
- The dismissal was not a case of genuine redundancy; and
- Where the employee was employed by a small business of 15 or fewer employees, the dismissal was not consistent with the Small Business Fair Dismissal Code.
Hede Byrne & Hall Lawyers are experienced and proficient in providing advice to both employers and employees in relation to their rights and obligations regarding workplace issues. If you require advice in regard to unfair dismissal claims or other workplace issues, please contact our office for assistance.
