ARTICLE · 21 SEPTEMBER 2022

Difference between unfair dismissal and wrongful dismissal

Hall Payne Lawyers

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Whilst the 2 terms are used interchangeably, there are key differences between Unfair Dismissal & Wrongful Dismissal.

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Alexandra Jarrett

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Unfair dismissal and wrongful dismissal are often used interchangeably. However, they are not the same and there are key differences between the two. In simple terms, the primary difference between them is one is statute based (that is legislation/laws made by Parliament) and the other is common law based (that is, law declared by Judges). This blog explores, in more detail, the eligibility requirements for both and the remedies available under either unfair dismissal or wrongful dismissal.

What is unfair dismissal?

Section 385 of the Fair Work Act 2009 (Cth) (>FW Act>) says a person has been unfairly dismissed if the Fair Work Commission (>FWC>) is satisfied that a person has been dismissed, and the dismissal:

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