Unfair dismissal under the new Fair Work Act 2009 (Cth)

Posted: 30/05/2009 Under the existing Workplace Relations Act 1996 (Cth), applications for relief in respect of harsh, unjust or unreasonable termination of employment may only be made to the Australian Industrial Relations Commission (“AIRC”) provided that: * at the date of termination, the relevant employer had more than 100 employees; and * the employee had been employed for at least 6 months. Under FWA, which is expected to take effect from 1 January 2010, employees who have been employed for at least 6 months may make applications to Fair Work Australia (a new institution which will replace the AIRC) for relief in respect of unfair dismissal against employers who, at the date of termination, had at least 15 employees. However, under the new regime, employees of employers who, at the date of termination, had fewer than 15 employees may still make applications to FWA for relief in respect of unfair dismissal, if they had been employed for at least 12 months. Please contact us if you require advice in respect of the operation of FWA.