"A fair go all round..."
Compensation may be claimed if there is if there is unlawful or unfair conduct through being sacked, transferred, demoted, fired, dismissed, downgraded, hours reduced, penalised, humiliated, bullied, cheated, stood down, fined, ignored, tricked or discriminated against.
An unfair dismissal occurs when the employee's dismissal is "harsh, unjust or unreasonable" (s.652(1)(b)). In determining if this has been the case regard to a number of factors including:
- whether there was a valid reason for the termination;
- whether the employee was notified of that reason and given an opportunity to respond;
- if the termination related to unsatisfactory performance by the employee;
- whether the employee had previously been warned about that unsatisfactory performance;
- the degree to which the size of the employer's business, or the absence of;
- dedicated human resource management specialists, may have had an impact on the termination procedures;
- any other relevant matter.
A demotion or a significant reduction in the remuneration or duties may also be considered to be unfair or unlawful and entitle a worker to compensation and/or an order reinstating the worker to the former position.