Section 385 — Fair Work Act 2009 (Cth)

What is an unfair dismissal

A person has been unfairly dismissed if the FWC is satisfied that:

(a) the person has been dismissed; and

(b) the dismissal was harsh, unjust or unreasonable; and

(c) the dismissal was not consistent with the Small Business Fair Dismissal Code; and

(d) the dismissal was not a case of genuine redundancy.

Note: For the definition of consistent with the Small Business Fair Dismissal Code: see section 388.

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 382 — When a person is protected from unfair dismissal
s 383 — Meaning of minimum employment period
s 384 — Period of employment
s 386 — Meaning of dismissed
s 387 — Criteria for considering harshness etc.
s 388 — The Small Business Fair Dismissal Code

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