Australia’s unfair dismissal laws are quite tough, and they provide a high level of protection for employees. In short, you can’t be fired or otherwise removed from employment without good reason or without your employer following the correct process as outlined in your contract.
However, these laws don’t apply to everybody. You will only be able to make an unfair dismissal claim if you meet certain criteria, which we’ve outlined in the rest of this article. But before we look at these, let’s define exactly what unfair dismissal is.
What Is Unfair Dismissal?
In short, unfair dismissal refers to any termination of employment that’s unreasonably harsh, unjust, or without a valid reason. A few examples of unfair dismissal include:
- Losing your job because of something unrelated to your work or workplace.
- Being fired for no apparent reason and without sufficient warning.
- Having your contract terminated due to performance or other issues without being given a chance to address these issues.
There’s no one definition of what constitutes unfair dismissal, and every case is treated on an individual basis.
When Can I Make an Unfair Dismissal Claim?
Unfortunately, not everyone is protected from unfair dismissal – regardless of the circumstances surrounding their departure. You may be able to make a claim if you:
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