The following is a brief overview of the unfair dismissal provisions of the Fair Work Act 2009 (“the Act”)which became operative on 1 July 2009.
Who is protected from unfair dismissal?
In order to be protected from unfair dismissal, a person must be employed:
- by a constitutional corporation; or
- by the Commonwealth or a Commonwealth authority; or
- by a body corporate incorporated in a Territory; or
- as a waterside employee, maritime employee or flight crew officer in either interstate or overseas trade or commerce; and
- have completed twelve months of continuous service if the employer employees less than 15 full-time equivalent employees; or
- have completed six months of continuous service if the employer employees 15 or more full-time equivalent employees; and
- be employed under a modern award or enterprise agreement if they earn in excess of $108,300 per annum.