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.