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It is lawful for an employer to dismiss an employee if it is a genuine redundancy or if the dismissal would not be considered harsh, unjust or unreasonable or if the dismissal is consistent with the Small Business Fair Dismissal Code.
When the Fair Work Commission considers whether a dismissal is harsh, unjust or unreasonable, they take into account a range of factors including:
From 1 January 2010, the National Employment Standards (NES) replaced the non pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard). Under the NES, the rules relating to redundancy and redundancy pay have been modified. The NES also cover notice periods when an employee is dismissed.
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The Fair Work Ombudsman is committed to providing advice that you can rely on.
The information contained on this website is general in nature. If you are unsure about how it applies to your situation you can call our Infoline on 13 13 94 or speak with a union, industry association or workplace relations professional.
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