s 385
In forceWhat is an unfair dismissal
Volume 2Chapter 2, Part 2-5 to Chapter 3A, Part 3A-5 (sections 258 to 536NK)
Chapter 3Rights and responsibilities of employees, employers, organisations etc.
Part 3-2Unfair dismissal
Division 3What is an unfair dismissal
385 What is an unfair dismissal
A person has been unfairly dismissed if the FWC is satisfied that:
(a)
the person has been dismissed; and
(b)
the dismissal was harsh, unjust or unreasonable; and
(c)
the dismissal was not consistent with the Small Business Fair Dismissal Code; and
(d)
the dismissal was not a case of genuine redundancy.
Note:
For the definition of consistent with the Small Business Fair Dismissal Code: see section 388.
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