Posts: mutual agreement

For an employee to have access to the unfair dismissal jurisdiction, the Fair Work Commission must be satisfied that the employee was “dismissed” from their employment within the meaning of section 386(1) of the Fair Work Act 2009 (Cth).

In its simplest form, an employment contract is a legally enforceable document between two parties where there is an offer and acceptance to be bound by its terms and conditions. Where an employment contract has been signed, it cannot be unilaterally changed by one of the parties – there must be agreement by both parties.