Upon termination of employment, employees who have access to the unfair dismissal jurisdiction in Australia may bring such a claim if they consider their termination was “harsh, unjust or unreasonable”. However, what about where an employee is demoted, but remains employed? Could this amount to dismissal such that the employee can bring an unfair dismissal claim even if their employment has not been terminated?
This scenario was recently considered by a five-member Full Bench of the Fair Work Commission, in the case of NSW Trains v James [2022] FWCFB 55.
