What is the unfair dismissal legislation?

What is the unfair dismissal legislation?

What is ‘unfair dismissal in New South Wales’? For employees in NSW who come within the Industrial Relations Act 1996, you may bring a claim of ‘unfair dismissal’ if you believe the dismissal was harsh, unreasonable or unjust. ‘Dismissal’ also includes threats to dismiss an employee.

Can executives claim unfair dismissal?

Since unfair dismissal protections are unavailable to many executives, directors and senior managers, often the best insurance policy against dismissal is a well-drafted contract of employment. This will set out your contractual entitlements on termination, importantly including your period of notice.

Does the Fair Work Act apply to executives?

The minimum conditions of employment as laid down under Fair Work Act 2009 (FWA) uniformly apply to everyone including the most senior executives. Meaning that the employment contract forms part of executive employee law.

What is the process for unfair dismissal claims?

Where possible, the Commission tries to resolve unfair dismissal applications by agreement. The key steps in the unfair dismissal application process are: A former employee sends an unfair dismissal application to the Commission, and the Commission sends a copy of the application to the employer.

When is a dismissal automatically unfair in South Africa?

A dismissal is automatically unfair when the dismissal is for the purpose of compelling the employee to agree to the employer’s demand and such dismissal is temporary, pending the acceptance of the changes. Standard Bank of South Africa v CCMA & others (2007) 16 LC 8.29.11.

Is it unfair for an employer to dismiss you?

A dismissal can be unfair for reasons other than the one the employer gave for dismissing you. For example, it may be unfair if your employer didn’t follow the proper process for disciplining and dismissing you.

Can a jurisdictional objection be lodged in an unfair dismissal case?

You can lodge a jurisdictional objection if you believe the dismissed employee does not fall within the Commission’s jurisdiction. This means that you are saying the Commission does not have the power to deal with the claim. If the objection is upheld, the unfair dismissal claim will be dismissed.

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