Unfair Dismissalon behalf of the employee

There are a number of requirements which need to be satisfied before a claim for unfair dismissal can be made. Firstly, the employee must be employed for at least six months. Also, if the employee is working for a small business, there is a minimum employment period of 12 months required before the employee can make a claim for unfair dismissal. 

There are particular laws designed to protect small businesses from unfair dismissal claims. A small business is one defined as any business which has less than 15 employees. There is a small business fair dismissal code which provides small business owners protection against unfair dismissal claims.

Additionally, unfair dismissal laws also require the employee to be covered by an enterprise agreement or award if their gross earnings are in excess of $158,500 per annum, before a claim for unfair dismissal can be made. 

– An employee was terminated from her employment one month after informing her employer that she was pregnant. The employer terminated the employee on the grounds that she had spoken inappropriately to a child. We were able to establish that the employer terminated the employment due to the employee’s pregnancy.

– An employee was terminated from their employment for alleged serious misconduct of harassing another employee. There was no proof of the harassment alleged and we were able to successfully prosecute an unfair dismissal claim.