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4 Found helpful • 22 Pages • Topic Notes • Year: Pre-2021
• Employees can claim they have been unfairly dismissed and must show in all of the circumstances is harsh and unjust and unreasonable • Certain employees are excluded from claiming • Minimum periods of work must be served by anyone, even eligible employees before they can make a claim • Written application within 21 days of the dismissal taking effect (end of notice period or if notice period is paid out then that date) to the FWC • Role of Fair Work Commission: o Conference if facts contested o Hearing if appropriate o Notifies parties of an application o Can informally settle a complaint of unfair dismissal without recourse to formal processes and remedies, over the telephone • If this does not work, Commission can make a binding order on the outcome of the case and to order compensation or reinstatement or to dismiss a claim on the grounds that the employee was not dismissed unfairly
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