Unfair dismissal under the Fair Work Act 2009

Edge Legal

The following is a brief overview of the unfair dismissal provisions of the Fair Work Act 2009 (“the Act”)which became operative on 1 July 2009.

Who is protected from unfair dismissal?  

In order to be protected from unfair dismissal, a person must be employed:

  • by a constitutional corporation; or
  • by the Commonwealth or a Commonwealth authority; or
  • by a body corporate incorporated in a Territory; or
  • as a waterside employee, maritime employee or flight crew officer in either interstate or overseas trade or commerce; and
  • have completed twelve months of continuous service if the employer employees less than 15 full-time equivalent employees; or
  • have completed six months of continuous service if the employer employees 15 or more full-time equivalent employees; and
  • be employed under a modern award or enterprise agreement if they earn in excess of $108,300 per annum.

Read more of the article by Rob Graham, Partner of Edge Legal.

Reproduced with permission of Edge Legal in accordance with their terms of use.

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