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Unfair Dismissal factsheet

Qualifying employees have a statutory right not to be unfairly dismissed. Generally speaking, dismissal will be unfair unless:

  1. The employer can show that the dismissal was for one of five potentially fair reasons; and
  2. In all the circumstances the employer has acted reasonably in treating that reason as a sufficient reason to dismiss. This includes ensuring that the employer has followed a fair process.

Who can bring an unfair dismissal claim?

Only employees, (those working – or who worked - under an express or implied contract of employment) are eligible to bring unfair dismissal claims. A contract of employment, in this sense, is a ‘contract of service or apprenticeship’. This means that genuinely self-employed contractors and workers cannot bring unfair dismissal claims.

Last updated on 18/08/2017 15:32:06 | #Termination