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In order to successfully obtain a remedy however, Fair Work Australia (the body created by the Fair Work Australia Act to deal with employment matters) must be satisfied that the employee has been unfairly dismissed. The application for a remedy for unfair dismissal must be made within 14 days of dismissal. Reinstatement involves reinstating the employee to the same position that the employee held before the dismissal, or another position (not lower than that originally held) if the original position no longer exists. FWA can order for the period of service to continue, in order to maintain continuity in employment. It can also order that the employer pay the employee any lost pay as result of dismissal- any amount likely to have been earned. Compensation by the employer to employee takes place in lieu of reinstatement. Compensation may be paid in instalments. However, caps apply to compensation amounts. Compensation must not be more than the lesser of a) the total amount of remuneration received/to which the person was entitled for 26 weeks prior to dismissal PLUS any remuneration to be received for leave [url=http://www.ktbruce.co.uk/barbourjackets.php]barbour jackets[/url] or b) half the amount of the income threshold immediately before the dismissal. Keywords: , **NOTE** - has claimed original rights on the article "Unfair Dismissal" ... if there is a dispute on the originality of this article ... please contact us via our and supply our staff with the appropriate details of dispute (ie ). Category: Solicitor Danny Saad has many years experience in Employment Law working with the experienced Sydney Employment Lawyers at Prime Law. Article Source: uPublish.info References: About the Author: Unfair DismissalArticle Summary: What constitutes Unfair DismissalThe definition of unfair dismissal according to section 385 of the Fair Work Act 2009 (Cth) is that an employee is dismissed (employment terminated by employer/resignation of employee), harshly, unjustly, or unreasonably, inconsistent with the Small Business Fair Dismissal Code, and the dismissal is not a case of genuine redundancy (c) |
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