Hey, Bing! What do you have to say about that?
Rights to challenge termination are the legal options that an employee has to contest or appeal a decision by their employer to end their employment contract. Depending on the circumstances of the termination, the employee may have different rights to challenge termination, such as:
- Unfair dismissal: This is when an employee is dismissed from their job in a harsh, unjust or unreasonable manner. The employee can apply to the Fair Work Commission within 21 days of the dismissal to seek reinstatement, compensation, or other remedies. However, this right is not available to employees who are still within their probationary period, which is usually between three to six months1
- Unlawful dismissal: This is when an employee is dismissed from their job for a prohibited reason, such as discrimination, union activity, temporary absence due to illness, or whistleblowing. The employee can apply to the Fair Work Commission or the Federal Court within 21 days of the dismissal to seek reinstatement, compensation, or other remedies. This right is available to all employees, regardless of their probationary period2
- Breach of contract: This is when an employee is dismissed from their job in violation of the terms and conditions of their employment contract, such as notice period, severance pay, or performance review. The employee can sue their employer in a court of law to seek damages or specific performance. This right is available to all employees, regardless of their probationary period, but it depends on the wording and interpretation of the contract3
These are some of the possible rights to challenge termination in Australia, according to some sources. However, this is not a comprehensive or definitive list, and you should consult a legal professional if you have any specific questions or concerns about your situation. I hope this helps you understand the concept of rights to challenge termination better.