The MDC Legal team remind employees and employers alike, that “there are strict time limits for making an unfair dismissal claim. An employee has 21 days from the date of dismissal to make a claim under the national system and 28 days under the [WA] state system.”
“You need to ensure you have the right to put an employee on gardening leave,” writes Charles Power of Holding Redlich. “If you don’t have that right and act as if you do, the employee could treat him or herself as being constructively dismissed.” Learn more about this issue here.