What is the difference between an unfair dismissal and an unlawful termination?
An unfair dismissal is a dismissal which is considered by FWA to be harsh, unjust or unreasonable. An unfair dismissal under the Act is treated differently to terminations for unlawful reasons which are dealt with as part of the General Protections provisions in the Act. Unfair dismissal applications must be made within 14 days of the dismissal. Remedies for breach include reinstatement, compensation, order to main continuity of employment and orders to restore lost pay. However, FWA cannot award compensation for shock, distress or humiliation or other analogous hurt. Unlawful termination complaints must be made to Fair Work Australia within 60 days of the termination. In contrast to previous laws, there is no limit on the amount of damages that can be awarded to an employee terminated for an unlawful reason. It is strongly suggested that if you are considering terminating an employee that you contact AIG to discuss your situation.