Exclusions from unfair dismissal
Some employees aren't eligible to apply for unfair dismissal. This includes:
- employees employed for a specific period of time, project or for a particular season, if their employment finishes at the end of the specified period of time, task or season
- casual employees who haven’t been employed on a regular and systematic basis
- demoted employees if the demotion doesn’t involve a significant reduction in pay or duties
- employees who weren’t covered by an award or agreement and earned more than the high income threshold
- employees who were employed for less than 6 months
- employees of a small business who were employed for less than 12 months
- apprentices and trainees who were employed only for the time of their apprenticeship or traineeship if their employment finishes at the end of their training contract.
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