FAIR WORK ACT 2009 - SECT 385 What is an unfair dismissal

FAIR WORK ACT 2009 - SECT 385

    A person has been unfairly dismissed if the FWC is satisfied that:

  (a)   the person has been dismissed; and

  (b)   the dismissal was harsh, unjust or unreasonable; and

  (c)   the dismissal was not consistent with the Small Business Fair Dismissal Code; and

  (d)   the dismissal was not a case of genuine redundancy.

Note:   For the definition of consistent with the Small Business Fair Dismissal Code : see section   388.