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Applying for unfair dismissal

To apply for unfair dismissal, you must be:

  • covered by the national workplace system
  • eligible to apply.

To be eligible to apply, you must:

  • have completed a minimum employment period of at least 6 months (or 12 months if your employer is a small business employer who employs fewer than 15 employees)
  • at the time of dismissal, be in one of the following categories:
    • covered by a modern award or a pre-modern award instrument, such as a federal award, a state reference transitional award or a notional agreement preserving state award (NAPSA)
    • covered by an enterprise agreement or an agreement-based transitional instrument, or
    • be earning less than $118 100 a year.

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Page last updated: 1 July 2011