The Fair Work Act unfair dismissal laws came into effect on 1 July 2009, giving unfair dismissal rights to about 3 million more workers than under Work Choices.
So how will you know if a worker has the right to make an unfair dismissal claim against you?
Simple. Just ask yourself the following questions:
- Are you a national system employer?
This is only an issue if you are not in Victoria or a territory. If you employ workers personally as a sole trader or if you are in a partnership, then the Fair Work Act will not apply. Even if an employer is a body corporate, it needs to be a Constitutional Corporation in order to be covered the FW Act unfair dismissal provisions.
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