What constitutes unfair dismissal?
Unfair dismissal occurs when an employee is dismissed from their job in a harsh, unjust, or unreasonable manner. In NSW, employees who believe they have been unfairly dismissed may lodge a claim with the Fair Work Commission (FWC) within 21 days of the dismissal taking effect.
Grounds for Unfair Dismissal Claims
You may have grounds to make an unfair dismissal claim if:
- The dismissal was not a case of genuine redundancy and was not a valid reason based on the employee’s conduct, capacity, or operational requirements.
- The dismissal was harsh, unjust, or unreasonable in the circumstances.