Newspaper article The Daily Mercury (Mackay, Australia)

Sacked? Take Action Fast

Newspaper article The Daily Mercury (Mackay, Australia)

Sacked? Take Action Fast

Article excerpt

IN THE current economic climate, we're seeing more applications for unfair dismissal where employees argue their dismissal meets the "harsh, unjust or unreasonable" test under the Fair Work Act.

Under the FWA, unfair dismissal applications are filed with the Fair Work Commission subject to applicants satisfying two very important requirements:

The minimum employment period of six months, or 12 months in the case of small business employers; and

The annual rate of earnings is less than the prescribed high income threshold (currently $136,700, reviewed every June), or the applicant was covered by an award or enterprise agreement.

The minimum employment period protects employers during the probation period, allowing employers to test out the employee and determine whether they are the right fit for the business.

The high income threshold has caught a few people, particularly those who have been dismissed from what has previously been a very lucrative job in the mining industry. …

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