An unfair dismissal happens when an employer terminates someone’s employment for reasons that are harsh, unjust or unreasonable. An employee who resigns because of unfair treatment at work that they cannot suffer any longer may also be protected by the unfair dismissal laws, under what is known as “constructive dismissal”.
The most important thing in unfair dismissal cases is to know who is protected by the legislation and what are the timeframes that apply. For example, in every unfair dismissal case – you must make application within 21 days of the date of your termination.
Not all employees are protected by unfair dismissal laws. Only permanent fulltime employees who have held their job for more than 6 months and/or part-time/casual employees who have held their job for 12 months or more are protected. In addition, high income earners (over $153,600 per annum) cannot apply.