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Terminated - Can I Claim Unfair Dismissal?

Discussion in 'Employment Law Forum' started by Sion, 25 May 2014.

  1. Sion

    Sion Member

    25 May 2014
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    I have been recently terminated from a post where I made $150k+/year for the last 4 years. Am I excluded from claiming unfair dismissal ? My employer does not have a Fair Work Australia enterprise agreement or modern award.
  2. rebeccag

    rebeccag Well-Known Member

    8 April 2014
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    G'day Sion,
    Have you checked out the Fair Work Commission 'Unfair Dismissal - Am I Eligible to Apply?' page? It says:
    If you were earning more than $129,300 a year and were not covered by an award and did not have an enterprise agreement that applied to you, you are not eligible to make an unfair dismissal application with the Fair Work Commission.

    You might like to contact the Fair Work Commission for their thoughts/suggestions. Perhaps you could look further at your employment contract to see if there is a breach of contract issue based on the facts of your situation?
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  3. John R

    John R Well-Known Member

    14 April 2014
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    Hi Sion,
    Despite being ineligible for unfair dismissal, terminated managers/executives often make a claim of unlawful termination, specifically because of "adverse action". The Fair Work Commission's website briefly covers this under "general protections".

    It's obviously difficult to provide any further information without knowing the facts of your termination and you are likely best served by contacting a lawyer near you that is an accredited specialist in Employment Law (ideally, with experience representing managers/executives). It may cost you up to ~$500 for an initial consultation but at least you should gain a clear understanding of your position.

    Please keep us updated as to your progress. Good luck!
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