Employment Law

Modern Awards can be found at: www.fairwork.gov.au/awards-and-agreements/awards/find-my-award/

The Fair Work Act 2009 imposes significant legal obligations on employers:

Unfair Dismissal

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What is an unfair dismissal?

When the dismissal is harsh, unjust or unreasonable. It can lead to compensation of up to 6 months’ salary

21 days after the effective termination date

What is the application deadline for an employee?

Eligibility Criteria

Excluded applicants

Minimum 6 months employment (12 months if a Small Business with less than 15 employees)
Salary less than $158,500 p.a (or alternatively covered by a Modern Award or Enterprise Agreement); and
If a Small Business - Failure by the employer to follow the Small Business Fair Dismissal Code

Includes Contractors, Trainees, Voluntary Resignations, Seasonal/Fixed Period Employees

Adverse Action

Adverse action is unlawful conduct under the Fair Work Act 2009.  Generally, action cannot be taken against employees because they have exercised a workplace right, or elected not to exercise a workplace right.

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What is a workplace right?

Examples include an entitlement to a benefit, exercising a role or responsibility and the ability to make a complaint about their employment.

Examples can include termination of employment, discrimination, refusing to engage or employ a person, certain performance management.

What is adverse action?

Who does it apply to?

What is the deadline for applying to Fair Work Commission?

Employers/employees, prospective employers/prospective employees, principal/contractor or an association/individual.

Within 21 days from the date of termination (where termination occurs).No application deadline applies if there is ongoing adverse action.

Compensation, civil penalties, injunctions and/or reinstatement of employment

What remedies are available?

Workplace Bullying and Sexual Harassment

The Fair Work Commission can deal with disputes relating to allegations of workplace bullying and sexual harassment.

Small Business Dismissal Code

Businesses with fewer than 15 employees can reduce the risk of anunfair dismissal claim by following the Small Business Fair Dismissal Code: www.fwc.gov.au/about-us/legislation-regulations/small-business-fair-dismissal-code

Legal Disclaimer

The information contained in this app is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.

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