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Automatically unfair termination
February 20, 2009 – 8:34 pm by Graham Giles
Know, understand and apply the principles for determining the “dismissals” regarded as automatically unfair, in the sense that employers are not able to defend any such “dismissals”.
Persons who prove:
- an employment relationship,
- a “dismissal” and
- automatic unfairness
are entitled to reinstatement, re-employment or compensation, limited to 24 months remuneration.
However, strangely if there is proof of unfair discrimination (except pregnancy) employers are able to justify terminations, despite such discrimination, if there is an inherent job requirement or the normal or agreed retirement age is reached [s187(2)].
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