Unfair Dismissal
Victoria's industrial relations powers have been referred to the Commonwealth as a result of an agreement between the Victorian and Federal governments. Consequently, the unfair dismissal provisions of the Fair Work Act 2009 apply to Victorian employees, including employees:
- covered by a modern award or an enterprise agreement;
- who have completed a period of employment of at least 6 months;
- who earn up to $108,300 per annum, (or such amount as altered by indexation), subject to the exceptions set out in the Fair Work Act 2009.
The Fair Work Act 2009 provides for a review mechanism for employees who consider their employment has been terminated unfairly. An employee is able to lodge an application with Fair Work Australia for relief in relation to termination of employment on the grounds that the termination was harsh, unjust or unreasonable.
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