Most people have a fair idea of what has constituted an unfair dismissal in the past.
But a recent decision of the South Australian Industrial Court has extended the employer's duties to its employees - and now, in some circumstances, a demotion against an employee's will can also be an unfair dismissal. So, if there is the prospect of you or anyone you know being demoted, it is important to seek legal advice immediately. Changes to Federal Unfair Dismissal Procedures Applications under the Federal Act are now instituted in the Federal Industrial Commission. Once again, the law is unclear as to whether an applicant who is entitled to access the State industrial system can, in fact, make an application to the Federal Industrial Relations Commission. As there is no case law on this issue at this stage, we usually recommend that applicants issue proceedings in both jurisdictions.