Most employees who are employed by incorporated companies are considered ‘national system employees’. In Victoria almost all employees are considered national system employees. These employees are able to bring an unfair dismissal claim, provided they are not caught by one of the exclusions.

There are a number of exclusions that apply to when a person can make an unfair dismissal application.

The following employees are excluded from bringing an unfair dismissal claim:

• Employees who have been employed for less than six months, unless the employer is a small business employer—in which case the period is less than 12 months.
• Employees whose dismissals are consistent with the Small Business Fair Dismissal Code (‘the code’).
• Employees who are genuinely made redundant.
• Employees who resigned but were not forced to do so because of conduct, or a course of conduct, engaged in by the employer
• Employees whose annual rate of earnings is more than an amount set out in the regulations ($148,700, as of 1 July 2019). However, these employee may bring an unfair dismissal claim if a modern award covers the employee or an enterprise agreement applies to the employee’s employment