An employee has been unfairly dismissed if the Fair Work Commission (the Commission) finds that:
- they were dismissed
- the dismissal was harsh, unjust or unreasonable
- the dismissal was not a case of genuine redundancy.
It’s not an unfair dismissal if the employer is a small business employer and they followed the Small Business Fair Dismissal Code. A small business employer is an employer who employs less than 15 employees. The headcount includes casuals employed on a regular and systematic basis, employees of associated entities and the employee(s) being dismissed.
If you think you’ve been unfairly dismissed, visit the Commission’s website for information about eligibility and making an application .