Who can make an unfair dismissal claim in the federal system?
Termination of employment or dismissal is usually a clear-cut event that happens when your employer tells you that your employment is about to end. Resignations are not generally considered dismissals. However, in some circumstances when a resignation is not voluntary, it can be considered a dismissal. Where your employer has done something that has forced you to resign or leave, the courts have described this as a termination ‘at the initiative of the employer’. This type of dismissal is known as a ‘constructive dismissal’. Another form of constructive dismissal is demotion or change in job description without cause or negotiation. This happens when your terms of employment were significantly changed or your wages and/or hours significantly reduced.
