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StatuteFair Work Act 2009

Section 385 — Fair Work Act 2009: What is an unfair dismissal

Text of the provision Official document

A person has been unfairly dismissed if the FWC is satisfied that: (a) the person 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. Note: For the definition of consistent with the Small Business Fair Dismissal Code: see section 388.

Official source: Federal Register of Legislation

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