The unfair dismissal provisions commenced on 1 July 2009, as part of the new Fair Work Act. Unfair dismissal claims are now lodged through Fair Work Australia. A dismissed employee has 14 days to lodge a claim. Fair Work Australia will take complaints lodged over the telephone and may also conduct conciliation conferences over the phone.

When FWA considers whether a dismissal is unfair, they take into account a range of factors including:

• If there's a valid reason for the dismissal relating to the employee's conduct or capacity
• If the employee is notified of the reason and given an opportunity to respond
• If the dismissal relates to unsatisfactory performance, then whether the employee is warned about it before the dismissal.

If you are a small employer ie: less than 15 employees, you also need to ensure you comply with the Small Business Fair Dismissal Code. A copy can be obtained here.