What is Unfair Dismissal?
When an employee is dismissed from their job under harsh or unjust circumstances, they may be eligible to file a claim. The law applies to employees who have been employed for at least six months, or 12 months if it is a company with fewer than 15 employees. Small businesses have different unfair dismissal regulations than larger employers.Is Everyone Eligible to File an Unfair Dismissal Claim?
Only employees covered by the national
workplace relations system are covered under the unfair dismissal laws
while other employees may be able to file claims under state laws.
Employees covered include all employees in Victoria, the Northern
Territory or the Australian Capital Territory as well as those employed
in private enterprise in New South Wales, Queensland, South Australia or
Tasmania. If you are employee of the local government in Tasmania, you
are also eligible to file a claim. In addition, if you are employed by a
constitutional corporation in Western Australia or by the Commonwealth,
Commonwealth authority, you may be eligible. Waterside employees,
maritime employees or fight crew officers engaged in interstate or
overseas trade or commerce are also eligible.
If you have been the victim of an unfair
dismissal, there are options available to you. You may be eligible for
compensation, or you could be given your job back.
Continue reading at Unfair Dismissal in Australia.
or check more about on Australian Workplace and Discrimination Representatives websites for other unfair dismissal info.
You might also interested in Constructive Dismissal and Forced Resignation