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?

Employees dismissed for genuine operational reasons

An application must not be made for unfair dismissal if the employee was terminated for "genuine operational reasons" or for reasons that include genuine operational reasons. Operational reasons are reasons of an economic, technological, structural or similar nature relating to the employer's business. Examples include the loss of a contract, the introduction of new equipment, or a restructure of the business.

Whether a dismissal is for "genuine operational reasons" is a complex issue and you should get advice from your union or a lawyer.

Employees engaged on a seasonal basis

An employee cannot make a claim for unfair dismissal if they are employed on a seasonal basis (eg; a fruit picker).

Employees who have made other claims relating to the dismissal

An unfair dismissal claim must not be made if other legal proceedings have already been commenced relating to the dismissal, such as a discrimination complaint.

Employees who are not employed under an award or agreement and have a salary package greater than the prescribed amount

An employee who is not covered by an Award, Certified Agreement or Australian Workplace Agreement (AWA) and whose maximum remuneration is over the prescribed amount is excluded from making an unfair dismissal claim. This amount increases every year on 1 July and was $101,300 on 1 July 2007. Remuneration is calculated as an annual salary package and includes superannuation, personal use of a car, payment of other expenses such as telephone, health cover, school fees, accommodation etc.

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