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What considerations are there when claiming unfair dismissal?
The high-income threshold: To be entitled to commence unfair dismissal proceedings, the employee must earn less than the high-income threshold or be covered by a modern award or enterprise agreement. This generally refers to a base salary and various types of bonuses and allowances that may be treated differently in determining whether an employee falls under the threshold. There are certain cases where the employee earns significantly more than the high income threshold but is covered by a modern award or enterprise agreement. Constructive dismissal: To be eligible for unfair dismissal, the dismissal must be initiated by the employer. There is one exception where the employee has no choice but to resign due to the conduct of the employer. This is known as constructive dismissal.
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