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Section : Who can apply?
Domain : Human Resource Management
Classification : Not Identified
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Employees covered by the national workplace relations system can apply to the Commission for unfair dismissal if they have been dismissed by their employer, or forced to resign because of something the employer did, and they have worked the minimum employment period. fairwork.gov.au The minimum employment period means being employed:
- in a small business for at least 12 months (a small business is defined as any business with fewer than 15 employees. This is calculated on a simple headcount of all employees who are employed on a regular and systematic basis), or
- in a larger business for at least 6 months. If there was a change of business ownership, service with the first employer may count as service with the second employer when calculating the minimum employment period. To be eligible, employees must also be:
- covered by an award
- covered by an enterprise agreement, or
- award and agreement-free and have an annual earnings rate which is less than the high-income threshold. This threshold is indexed each financial year starting on 1 July. Find the current high-income threshold amount at fairwork.gov.au/award-free