FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 385 What is an unfair dismissal

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 385

                   A person has been unfairly dismissed if FWA 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.