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An employee has been unfairly dismissed if the Fair Work Commission (the Commission) finds that:
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 .
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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.
Visitors are warned that this site may inadvertently contain names or pictures of Aboriginal and Torres Strait Islander people who have recently died.
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