Do you have an employment law question? Please be aware that when dealing with the Fair Work Commission strict timelines apply. In many circumstances, applications have to be made within 21 days of an event such as unfair dismissal taking place. It is important that applications properly address the relevant parts of the Fair Work Act 2009 (Cth).
There are certain eligibility criteria that apply such as minimum employment periods and high income thresholds. If you are considering filing an application in the Fair Work Commission or if you need to respond to an application that has been brought against you, we recommend calling our experienced Gold Coast lawyers on the Legal Advice Hotline on (07) 55 711 982.
What is Unfair Dismissal?
A dismissal will be considered to be unfair if the Fair Work Commission determines the following facts to apply:
- That the employee was dismissed, and
- the dismissal was harsh, unjust or unreasonable, and
- the dismissal was not a case of genuine redundancy, and
- the dismissal was not consistent with the Small Business Fair Dismissal Code, where the employee was employed by a small business.
You can find the benchbook by clicking on the button at the start of this section.
How do I Dismiss an Employee?
If you are an employer and wish to dismiss an employee you need to observe the guidelines prescribed by the Fair Work Commission.
If you are a small business employer i.e. you have less than 15 employees, the Fair Work Commission has developed a simplified process for dismissing an employee called the Small Business Fair Dismissal Code. If you are a medium or large business the process is slightly more onerous and we reccommend contacting the Legal Advice Hotline on (07) 5532 9744
You can find a copy of the code by clicking on the button below.