Last updated on October 30th, 2023 at 04:32 pm

Australian Government Fair Work Ombudsman – Ending Employment – Unfair dismissal

Unffair dismissal

Unfair  dismissal  is  when  an  employee  is  dismissed  from their  job  in  a  harsh,  unjust  or unreasonable manner.

The Fair Work Commission (the Commission) decides on cases of unfair dismissal.

Applying for unfair dismissal

Employees have to apply to the Commission within 21 days after their dismissal takes effect.

Minimum employment period

Employees  have  to  be  employed for  at  least  6  months  before they  can  apply  for  unfair dismissal.

Source reference: Fair Work Act 2009 (Cth) sections 383 – 384 and 394.

© fairwork.gov.a

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