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Daily Archives: June 24, 2020

Lodging a General Protection or Unfair dismissal Claim With the Fair work Commission

unfair dismissal claim

It is not uncommon for an employee to go to the Fair Work Commission website for forms and assistance when they have been dismissed. This is an obvious place to start and has a wealth of information on it’s site for both employees and employers. Fair Work Commission is a government body that was established to be responsible for administering the provisions of the Fair Work Act. They have many powers and deal with just some of:

  • unfair dismissal claims
  • anti-bullying claims
  • general protections claims
  • unlawful termination claims
  • disputes of modern awards and enterprise agreements
  • setting the national minimum wage and minimum wages in modern awards
  • modern awards – making, reviewing, varying

Earlier this morning in researching Fair Work Commission decisions for a arbitration we are preparing for, I thought out of interest I would look at the bench-books for unfair dismissal and general protections. Many people find the difference between the two confusing. I use bench-books for research as they are useful guidelines of how the claims are lodged and proceed.
They are incredibly thorough, and detailed. Which gives me all the information needed to know the best way forth to proceed with a general protections or unfair dismissal claim.
Then it occurred to me.

The Unfair Dismissal Bench-book is 244 pages long.
The General Protections Bench-book is 192 pages long.
Want to lodge a anti bullying Complaint? the Bench-book is 149 pages long.
Up to 585 pages of reading, with a strictly enforced 21 days to lodge a unfair dismissal or general protections claim. Most books or PHD dissertations aren’t that long.
Combine this with the stress of losing your job, pressing financial worries, and looking for a new job, its a difficult mine field.

The Fair work Commission is there to help you, they are totally professional and very good at what they do. The Fair Work commission are being balanced between Employee and Employer, that’s the system, it has been that way for 100 years. But your claim is about you, no one else, get advice from outside parties, Unfair Dismissals Australia amongst others have this free service. Your goal is to protect your job, reputation, family and career, not just your ability to read 400 plus pages and make sense of it. Contact us for a free consultation.

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