| Unfair dismissal | | | | to the AIRC after the employee has worked for 6 |
| Dawn of the WorkChoices era | | | | months or more with that employer. |
| The effect of WorkChoices is that it has brought | | | | Even if the employee is able to jump through these |
| about a return of the pre 1984 position in relation to | | | | first two hoops, the employee's claim may still be |
| unfair dismissal for those employees that are unable to | | | | dismissed if the AIRC is satisfied that the employee's |
| jump through the following 3 hoops: (i) the 100 | | | | employment was terminated for genuine operational |
| employee requirement, (ii) the sixmonth requirement, | | | | reasons or for reasons that included genuine |
| and (iii) The "genuine operational reason" requirement. | | | | operational reasons - i.e. reasons of an economic, |
| A claim for unfair dismissal will now not be able to be | | | | technological, structural or similar nature relating to the |
| made to the AIRC by an employee who works for an | | | | employer's business or part of the business. This |
| employer that employs 100 or fewer employees. This | | | | means that just to satisfy the threshold requirements |
| number is based on full-time, part-time and any casual | | | | for claiming unfair dismissal, the employee (i) needs to |
| employees who have been employed by the | | | | have been employed by an employer with over 100 |
| employer on a regular and systematic basis for at | | | | employees, (ii) needs to have worked for six months |
| least 12 months. Some related companies of the | | | | or more for that employer, and (iii) must show that his |
| employer's company will be treated as one entity. A | | | | her termination did not include genuine operational |
| claim for unfair dismissal against an employer who | | | | reasons. |
| employs more than 100 employees may only be made | | | | |