The ability for an individual to seek relief from unfair dismissal was first established in a statutory scheme in South Australia in 1972,[1][2] followed thereafter by Western Australia,[3] Queensland,[4] New South Wales[5] and Victoria[6] in the early 1990s.
Protection from unfair dismissal at the Commonwealth level was enhanced in 1984 by the Commonwealth Conciliation and Arbitration Commission with its ruling in the Termination, Change and Redundancy Case,[7][8] that awards should contain a provision that dismissal "shall not be harsh, unjust or unreasonable" and subsequent awards following it were upheld by the High Court of Australia.
[9][10][11] The Parliament of Australia later extended the reach of protection from unfair dismissal with the passage of the Industrial Relations Reform Act 1993,[12] which relied upon the external affairs power and the ILO Termination of Employment Convention, 1982.
[23] In general, people covered by unfair dismissal laws are those who have worked more than six months for an employer[24] (or more than one year for a small business employer),[25] for which one or more or the following conditions must apply:[26] The scope of coverage is quite broad.
The Commonwealth has declared that all employers falling within its jurisdiction are subject to the scheme, including:[28] In addition, the States have delegated certain classes of employers by virtue of the Constitution's referral power: Where the Fair Work Act does not apply, relief from unfair dismissal may arise under State laws.