As of 1 January 2010 NSW surrendered its jurisdiction to the Federal Fair Work Australia System. Unfair dismissal remedies are still available under the Fair Work Act 2009 and what must be shown is:
- the employee was dismissed,
- the dismissal was harsh (unjust or unreasonable), and
- the dismissal was not a case of genuine redundancy.
A claim for unfair dismissal must be lodged within 21 days of the date of termination. If you have been unfairly dismissed Fair Work Australia can order:
- reinstatement of your job;
- redeployment; or
- compensate you up to a period of 26 weeks of pay.
If you need more information on employment law, have been unfairly dismissed or seek advice on how to legally terminate an employee contact Luke Harrison at Hosie and Partners Solicitors.