Unfair Dismissal under the Fair Work Act (CTH) 2009 occurs when without valid reason:

  • an employee has had their employment terminated, by being dismissed by the employer or through constructive dismissal; and
  • the dismissal was harsh, unjust or unreasonable; and
  • if the employer was a Small Business, the dismissal did not comply with the Small Business Dismissal Code; and
  • the dismissal did not form part of a genuine redundancy.