Thursday, 27 August 2020

How do you calculate the minimum period of employment for the purpose of an unfair dismissal appeal?

The minimum period of employment is:
  • one year continuous service for employees of small business employers, or
  • six months of continuous service for all other employees. 
The period of employment starts on the date the employment commences. 

The period finishes on either the date the employee is notified of the dismissal or immediately before the dismissal, whichever is earlier. 

What does ‘month’ mean? 

A month means a calendar month. A calendar month begins on a date and finishes immediately before the corresponding date in the next month.

Unfair Dismissal Appeal

For example, a period of 6 months commencing on 26 February 2009 would finish at midnight of 25 August 2009.

If there is no corresponding date then it finishes at the end of the next month.

An employee’s period of employment commences on the employee’s first day at work.

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