See Fair Work Act s.394
A dismissal which breaches the general protections provisions could also be unfair. If eligible for either application the person would have to consider which option will deliver the best possible outcome.
An unfair dismissal occurs where an employee makes an unfair dismissal remedy application and the Fair Work Commission finds that:
A small business is a business that employs fewer than 15 employees.
An employee is eligible to make an application for unfair dismissal remedy if they have completed the minimum employment period of:
In addition, if the employee's earnings are more than $129,300 per year, at least one of the following must apply:
Coverage: National system employees
Cost for application: $65.50 (can be waived in cases of serious financial hardship)
Lodgment Time Limit: 21 days
High Income Threshold: $129,300
Maximum amount of compensation possible: 6 months wages up to total of $64,650
Note: The Unfair Dismissal Benchbook contains detailed information and links to cases setting out eligibility and the Commission process, including information on objections.
You can access the Benchbook through the following link: