An unfair dismissal claim arises when an employer dismisses an employee in a harsh, unjust, or unreasonable manner.
The Fair Work Act 2009 governs laws relating to employment in the private sector. Hence, a party must lodge an unfair dismissal claim to the Fair Work Commission (FWC), which is Australia's independent employment tribunal in charge of employment claims.
This article deals with unfair dismissal claims in the private sector.
Unfair Dismissal under the Fair Work Act
To make an unfair dismissal claim, one must first understand the following definition of terms:
“Unfair dismissal”
Under Section 385, some reasons that consider a dismissal unfair is if the FWC finds that:
