This website applies only to residents and the law of New South Wales, Australia.

3. THE FEDERAL SYSTEM (continued)

3.3 Who cannot make an unfair dismissal claim in the federal system?

All employees in the Federal system are able to apply for unlawful termination - see section 3.4 - What is Unlawful Termination in the Federal System?

However, there are restrictions on who is eligible to make a claim for unfair dismissal. These exclusions are applied regardless of how unfair your dismissal may have been.

The following employees cannot make a claim for unfair dismissal:

1. Employees employed by an employer with 100 or fewer employees;
2. Workers who are not employees but contractors;
3. Employees who have been employed for less than 6 months;
4. Employees under a contract of employment for a fixed and specified period;
5. Employees under a contract of employment for a specified task;
6. Casual employees engaged for a short period;
7. Trainees and apprentices;
8. Employees dismissed for genuine operational reasons;
9. Employees engaged on a seasonal basis;
10. Employees who have made other claims relating to the dismissal; and
11. Employees who are not employed under an award or agreement and have a salary package greater than the prescribed amount.

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