- (a) the person (the employee) has been dismissed; and
- (b) the dismissal was harsh, unjust or unreasonable; and
- (c) the dismissal was not consistent with the Small Business Fair Dismissal Code; and
- (d) the dismissal was not a case of genuine redundancy.
- your employer was unhappy with your performance and suddenly dismissed you without giving you adequate warning or
the opportunity to improve your work performance;
- your employer dismissed you without giving you an adequate opportunity to address their concerns; — your employer
behaved irrationally toward you by dismissing you when a warning would have been sufficient;
- your employer treated you so severely that you felt that you had no option but to resign;
- you were made redundant but someone else was given the same job as you had;
- you were made redundant without your employer trying to find a suitable alternative vacancy for you;
- your employer had no legitimate reason for dismissing you.
- you were an employee of the employer that you are making an unfair dismissal against, and
- you worked there for at least 6 months (if the employer had more than 15 staff), or
- you worked there for at least 12 months (if the employer had less than 15 staff), and
- you earned less than $133,000 per annum (as of 1 July 2014) or are covered by an award or an industrial agreement.