Unfair Dismissal Changes for Employers with More than 100 employees
You are here:The 6 month qualifying period has been retained. Unfair dismissal applications must be lodged within 7 days, but this is likely to be changed to 14 days by the time it becomes law.
The 6 month qualifying period has been retained.
Unfair dismissal applications must be lodged within 7 days, but this is likely to be changed to 14 days by the time it becomes law. In determining whether a dismissal was harsh, unjust or unreasonable, Fair Work Australia FWA must in addition to current factors take into account any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal.
If a dismissal is a 'genuine' redundancy it will not be an unfair dismissal. Previously, the exception was broader, to exclude terminations for operational reasons (which included redundancy). A new provision is that a dismissal is not a genuine redundancy if it would have been reasonable in all the circumstances for the person to be redeployed within the employer’s enterprise, or within the enterprise of an associated entity of the employer. Award or agreement consultation provisions also need to be complied with in order for an employer to utilise the redundancy exemption.
There may also be greater restrictions on the ability of parties to an unfair dismissal to be represented by an external paid agent or lawyer, unless the representative is employed by a union or employer association, or is a bargaining agent.
FWA may only grant permission to appeal an unfair dismissal decision on public interest grounds, unless the appeal question concerns a significant error of fact.
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