Frequently Asked Questions

Q: When does unfair dismissal occur?

There are a number of ways in which unfair dismissal can occur, and Fair Work Australia will consider that a person has been unfairly dismissed if it is satisfied:

·         the employee has been dismissed, which can include constructive dismissal;

·         the dismissal was harsh, unjust or unreasonable, and considerations can include whether there was a valid reason for the dismissal, or whether the employee was informed of the reason, and provided with a chance to respond;

·         the dismissal was not consistent with the Small Business Fair Dismissal Code;

·         the dismissal was not a case of a genuine redundancy.



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