One of the most common legal risks for an employer in Australia who dismisses an employee is an unfair dismissal claim under the statutory jurisdiction in the Fair Work Act 2009 (FW Act).

Unfair dismissal claims are initially the subject of a telephone conciliation conference between the employer and the dismissed employee. If conciliation is unsuccessful, the claim will proceed to an arbitration hearing before a member of the Fair Work Commission (the Commission), who will determine whether the dismissal was ‘harsh, unjust or unreasonable’, by reference to a number of statutory criteria, and the guiding principle … Continue Reading