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Who can claim for unfair dismissal?

Some workers are not currently covered by unfair dismissal laws. They include employees who are:

  • employed for less than six months
  • contracted for a fixed term
  • contracted for a specified season
  • on probation for a reasonable set period
  • casual workers engaged for a short period
  • trainees at the completion of their training contract
  • earning over $108,300 and not covered by an Award or Agreement (as at 1 July 2009)
  • genuinely made redundant because of operational changes.

Workers may be able to claim unlawful termination if they are not given the notice and redundancy pay due under their Award or Agreement.

Most workers can make an unfair dismissal or unlawful termination claim with Fair Work Commission or the South Australian Industrial Relations Commission. See Fired unfairly? for more information.

If you think you have been dismissed because of discrimination, you can make a complaint against any employer under state or federal equal opportunity laws. All workers are protected under these laws, including apprentices, casuals, part-time, full-time and contract workers. If you live in South Australia, you may be able to lodge a complaint with us. See Making a complaint for more information.

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