ARTICLE
26 July 2021

Unfair dismissal - increase in high income threshold

PP
Pointon Partners

Contributor

Pointon Partners is a medium-sized legal firm known for its full-service offerings to businesses and stakeholders. With a focus on building long-term relationships, the firm helps clients achieve successful outcomes. They provide top-tier expertise with a personalized touch, serving a wide range of clients from Australian companies to private individuals. Additionally, they are a member of LAWORLD, offering international legal support.
Employees earning >$158,500 are ineligible to bring an unfair dismissal claim unless they can show that a MA or EA applies to them.
Australia Employment and HR

Given that we have now ticked over into a new financial year, we thought it worthwhile making you aware of the new high income threshold for unfair dismissal purposes. It has increased from $153,600 to $158,500 in respect of dismissals taking place on or after 1 July 2021. Employees earning above this amount are ineligible to bring an unfair dismissal claim unless they can show that a modern award or enterprise agreement applies to them (which is not that common in respect of employees on that level of remuneration).

In terms of what is taken into account in assessing whether an employee is earning above the high income threshold of $158,500 the following are not included:

  • Compulsory superannuation contributions.
  • Commissions
  • Bonuses; and
  • Other incentives that cannot be determined in advance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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