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What is the minimum period of employment for unfair dismissal claims?

24/11/2020

Before an employee is eligible to make an unfair dismissal application, they must have completed the ‘minimum employment period’. If the employee works for a ‘small business’ which has less than 15 employees, the minimum employment period is one year. If the employee works for a…

What is the high-income threshold?

24/11/2020
The high-income threshold is an amount that is indexed each year that limits eligibility to make an unfair dismissal application. The current high-income threshold is $162,000. If an employee earns more than this amount per annum, they may not be eligible to make an unfair dismissal...

Unfair dismissal claims

24/11/2020
When someone is dismissed unfairly from their job, the first avenue that comes to mind is usually an unfair dismissal claim. In this article, we look at the eligibility criteria to make unfair dismissal claims, what an unfair dismissal claim actually is, the process involved in...

How does bankruptcy or insolvency impact an unfair dismissal claim?

24/11/2020
Where an employee has declared bankruptcy, or an employer has become insolvent, the ability to make or continue an unfair dismissal claim can be impacted. In this article, we look at the different types of bankruptcies and insolvencies and how each impacts an unfair dismissal claim....

Are independent contractors protected from unfair dismissal?

24/11/2020
Traditionally, independent contractors are not protected from unfair dismissal because they are not employees. However, in some cases, the parties have mischaracterised the relationship as a contractor relationship when it is actually an employment relationship. In these cases, because the worker is actually an employee, they...

Why do we not care about age discrimination?

29/10/2020
Age discrimination is illegal in Australia, save for some limited exceptions, and has been for a long time. However, while the law is clear-cut, age discrimination seems to remain more acceptable than other forms of discrimination. This is true even though the retirement age is being...