Lodging a Unfair dismissal or General Protections Claim With the Fair work Commission
Many employees who have been dismissed or terminated go to the Fair Work Commission website for forms and assistance. What’s wrong with that? Nothing, it can be a great place to start. Earlier this morning in researching 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 are confused what’s the difference between the two. (Bench-books are the guidelines of how the claims are lodged and proceed).
They were incredibly thorough, and detailed. What’s wrong with that? Nothing, it is good thing, everything you need to know about your case / claim to proceed.
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.