Unfair Dismissal| Fairwork Online

Unfair Dismissal

What is Unfair Dismissal?

Unfair dismissal is a legal remedy available to an employee whose employment has been terminated by his or her employer, where the termination is deemed 'harsh, unjust or unreasonable'.  The maximum compensation that an employee can be awarded for unfair dismissal is six (6) months' wages. more

Voluntary and Forced Resignations - reinforcing the distinction

The Fair Work Commission recently upheld an employer's jurisdictional objection to an employee's claim to have been dismissed by way of a 'forced' resignation, and it was held that the employee could therefore not pursue an unfair dismissal claim. more

Dismissed Employee ordered to pay $18,000 legal costs of Employer

The Commission has recently ordered an employee who filed an unfair dismissal claim against his former employer "without reasonable cause" to pay the employer's legal costs of $18, more

What is Constructive Dismissal?

Constructive dismissal occurs when an employee resigns because their employer says or does something that the employee can reasonably treat as a dismissal, but the employer does not actually state that they have been dismissed. more

What is the Small Business Fair Dismissal Code?

The Small Business Fair Dismissal Code introduces a set of guidelines to assist employers when they are considering dismissing an employee. more


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