The following information is only relevant to employers and employees in the national fair work system and is intended as a guide only.
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Unfair Dismissal
Unfair dismissal is when an employee is dismissed from their job in a harsh, unjust, or unreasonable manner. See the following link for further information:
https://www.fairwork.gov.au/ending-employment/unfair-dismissal
Unlawful Termination
Under federal laws, it is unlawful to terminate an employee on certain specified grounds such as race, colour, sex, sexual orientation, age, family or carer’s responsibilities and temporary absence from work due to illness or injury. For further information visit the Fair Work Commission website at:
https://www.fairwork.gov.au/ending-employmentUnlawful termination | Fair Work Commission
Minimum Period of Employment
Employees need to be employed for at least 6 months before they can apply for unfair dismissal. Employees working for a small business need to be employed for at least 12 months before they can apply.
https://www.fairwork.gov.au/ending-employment/unfair-dismissal
The Small Business Fair Dismissal Code
The Small Business Fair Dismissal Code applies to businesses with fewer than 15 employees. This Code provides a checklist for employers to ensure that they meet their procedural obligations when dismissing an employee.