An employee of a national system employer (called a national system employee) who has been dismissed is protected from unfair dismissal and eligible to make an application for unfair dismissal remedy if:
- they have completed the minimum period of employment AND
- they earn less than the high income threshold (which is currently $167,500 per year), or
- a modern award covers their employment, or
- an enterprise agreement applies to their employment.
It is not an unfair dismissal if the dismissal was:
- a genuine redundancy, or
- consistent with the Small Business Fair Dismissal Code (in the case of employees of small business).