What is the point of unfair dismissal laws?The aim of the unfair dismissal provisions in the FW Act is to balance the rights of employees to be protected from unfair dismissal, with the need for employers, particularly small business, to fairly and efficiently manage their workforce.
Whilst there are eligibility requirements which apply for an employee to access the unfair dismissal protection under the FW Act, approximately 80% of employees in Australia will be eligible to make an unfair dismissal application to the FWC.
Employees will be eligible to make an unfair dismissal claim under the FW Act where they have been dismissed and:
- they are a national system employee;
- they have completed the minimum period of employment; and
- they earn less than the high income threshold or a modern award covers them, or an enterprise agreement applies, to their employment.*