In the Australian Capital Territory (ACT), unfair dismissal is regulated by the Fair Work Act 2009 (Cth) and the Fair Work Commission.
Under the Act, an employee who believes they have been unfairly dismissed may apply to the Fair Work Commission within 21 days of their termination. The Commission will then assess the application and decide whether the dismissal was unfair or not.
To be eligible to claim unfair dismissal, an employee must have been employed for at least 6 months (or 12 months for a small business with less than 15 employees), and their dismissal must not have been a case of genuine redundancy.
If the Commission finds that the dismissal was unfair, it can order the employer to pay compensation or reinstate the employee in their former position. However, if the employer can demonstrate that the dismissal was a case of genuine redundancy, the dismissal will generally be considered fair.
It's worthwhile to note that the Fair Work Commission considers a range of factors when determining whether a dismissal was unfair or not. These factors include the reason for the dismissal, the employer's process, and the overall circumstances of the case. For this reason, employees should seek legal advice if they believe they have been unfairly dismissed.
In summary, the Fair Work Act protects against unfair dismissal under the ACT. Employees who believe they have been unfairly dismissed can apply to the Fair Work Commission. If you believe you have been unfairly dismissed, it's wise to seek legal advice and act promptly, as there are strict time limits for making a claim.