Who is exempt from unfair dismissal?

Who is exempt from unfair dismissal?

they have completed the minimum period of employment AND. they earn less than the high income threshold (which is currently $158,500 per year), or. a modern award covers their employment, or. an enterprise agreement applies to their employment.

Are small business employees protected from unfair dismissal?

Introduction. In the case of dismissal by a small business employer, a person has not been unfairly dismissed if the Fair Work Commission is satisfied that the dismissal was consistent with the Small Business Fair Dismissal Code (the Code).

What is the qualifying period for unfair dismissal?

2 years
Qualifying period to claim unfair dismissal You must have worked for your employer for a minimum period before you qualify for the right to claim unfair dismissal at a tribunal. If you’re classed as an employee and started your job: on or after 6 April 2012 – the qualifying period is normally 2 years.

What makes an unfair dismissal of an employee?

So what constitutes an unfair dismissal of an employee? The “fairness” of a dismissal is decided in two ways – substantive fairness and procedural fairness. What this means is that when an employee is dismissed, the employer must determine whether the dismissal was fair.

How does the small business fair dismissal code work?

The Small Business Fair Dismissal Code (DOCX 25.5KB) (PDF 220.4KB) provides protection against unfair dismissal claims, where an employer follows the Code. The Commission will deem a dismissal to be fair if the employer follows the Code and can provide evidence of this. A small business is defined as any business with less than 15 employees.

Where can I get legal advice for unfair dismissal?

Visit the Commission website to: access free legal advice about unfair dismissal , if you’re eligible. Employees have to be employed for at least 6 months before they can apply for unfair dismissal.

When does the high income threshold for unfair dismissal increase?

The following shows how much the threshold has increased every year: If an unfair dismissal claimant is not covered by an award or enterprise agreement, and was earning greater than the high income threshold at the time of dismissal, then the employer may have a defence.

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