Unfair dismissal – Finding your way through the maze!

Unfair dismissal – Finding your way through the maze!

There is a safety net for small business of less than 15 employees, where if they conform to special rules they can avoid a potential unfair dismissal claim. Most claims are covered by the federal Fairwork Act and therefore are determined by the Fair Work Commission. However there are exceptions such as unincorporated businesses and other entities that may have their claims determined under state law and in the Western Australian Industrial Relations Commission. It is important to find out which forum to file your claim as each have their own specific rules. For example, any potential unfair dismissal application filed in the Fairwork Commission must be filed within 21 days of the dismissal. If the application is to the WA Industrial Relations Commission then the time limit is 28 days.

Other rules need to be considered. For example for a federal unfair dismissal claim you must have worked with your employer for at least 6 months if that employer has more than 15 employees or 12 months if less than 15 employees. You must earn less than $133,000 per annum (as of 1 July 2014) or be covered by an award or workplace agreement.

If you feel that you have been dismissed unfairly or are a business and have had an unfair dismissal or any other claim being made against you then like a marriage separation, you should obtain legal advice to ensure the separation is fair for all concerned.

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Wednesday, 21 August 2019