The Fair Work Act 2009 establishes new unfair dismissal laws. Employers with less than 100 employees will no longer be exempt from unfair dismissal claims as they were under Workchoices.

If an employee believes that their termination was harsh, unjust or unreasonable they can submit a claim of unfair dismissal to Fair Work Australia (the new institution that replaces the AIRC). If the employee is successful in their claim they can request re-instatement and/or receive compensation.

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