What is unfair & unlawful?

Applications claiming wrongful dismissal can fall into two categories—unfair dismissal and unlawful dismissal.

Unfair dismissal is where the former employee believes that the termination of their employment was harsh, unjust or unreasonable.

Unlawful dismissals are associated with breaches of the Workplace Relations Act 1996 and are primarily based on discrimination grounds and notice periods.

Please note that dismissal cases (also known as termination of employment cases) are heard in a number of different courts and tribunals in Australia. The information here deals only with applications before the Australian Industrial Relations Commission.

Further information

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