Some employees aren't eligible to apply for unfair dismissal. This includes:
- employees employed for a specific period of time, project or for a particular season, if their employment finishes at the end of the specified period of time, task or season
- casual employees who haven’t been employed on a regular and systematic basis
- demoted employees if the demotion doesn’t involve a significant reduction in pay or duties
- employees who weren’t covered by an award or agreement and earned more than the high income threshold
- employees who were employed for less than 6 months
- employees of a small business who were employed for less than 12 months
- apprentices and trainees who were employed only for the time of their apprenticeship or traineeship if their employment finishes at the end of their training contract.
What to do next
- Find out about Ending employment
- Use our Pay and Conditions Tool to calculate notice and redundancy entitlements
- Get help with ending employment
- Find out about Other workplace relations help