Do you earn too much?
If you earn over a certain amount (known as the 'high-income threshold') you may not be able to make an unfair dismissal application. The high-income threshold is $148,700 (as at 1 July 2019). You can check what the current high-income threshold is on the
Fair Work Commission website.
You cannot make an application if you earn more than the high-income threshold, unless:
- you are covered by a modern award, or
- you are covered by an enterprise agreement.
A modern award is a 'statutory instrument' (a law) that sets minimum terms and conditions of employment. You can search for Modern Awards on the Fair Work Commission website.
An enterprise agreement is an agreement between employers and employees about terms and conditions of employment. You can search for Enterprise Agreements on the
Fair Work Commission website.
Your 'earnings' can include:
- wages and salary
- amounts paid by your employer for you, such as rent, lease payments on a car, or gym memberships
- the money value of non-cash benefits (for example a company car).
Generally, your earnings won't include:
- reimbursements
- compulsory superannuation payments made by an employer
- payments that can't be worked out in advance (for example commissions, bonuses or overtime payments).
If you want to make an unfair dismissal application to the Fair Work Commission (the Commission), you must do so within 21 days of the date you were dismissed. If you are not sure what you earn, or whether you are covered by a modern award or enterprise agreement, you should get
legal advice.
Case study - Isadora
Isadora works as a heavy vehicle mechanic for a mining company. She is paid $101,000 a year, and also has a company car, the use of a holiday apartment on the Gold Coast for up to 7 days a year and a gym membership. Isadora is also paid a bonus at the end of each year. The amount of the bonus depends on the profits made by the company. After 4 years of service, Isadora was told that she was being dismissed.
Isadora can make an application if the total of her wages plus the money value of the non-monetary benefits, such as the car, holiday apartment and gym membership, are not more than the high-income threshold. The yearly bonus would not usually be included in this figure, because it can't be worked out in advance. Even if Isadora's earnings are more than the high-income threshold, she will still be able to make an unfair dismissal application if she is covered by a modern award or enterprise agreement.
If you are not able to make an unfair dismissal application, you may still have rights under other laws.
For example:
-
a general protections dismissal application
-
a discrimination claim (if you have been discriminated against at work)
-
a bullying claim (if you haven't been dismissed but you are experiencing workplace bullying).
You should get
legal advice to help you understand your options.
For a handy guide to all the requirements you have to meet to make an application for relief from unfair dismissal, see
Checklist: Making an unfair dismissal application.
For answers to commonly asked questions, see
Can you apply? - Frequently Asked Questions.