Dismissal or General Protection Claim which do I lodge?
Getting this wrong happens all the time, employees are stressed, confused. Pressured by the strict 21 day rule to get a claim lodged. Lawyers, paid agents, union officers aren’t answering their phone, not calling back. Dismissal or General Protection Claim which do I lodge? is an important topic, read on. I have seen over the years many legitimate unfair or unlawful dismissal claims fail only because its lodged under the wrong section of the Fair work Act
Fair work Commission’s role
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 (many refer to it as Fairwork Australia). 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.
Fair work Commission Bench books
Earlier this morning in researching Fair Work Commission decisions for a arbitration we are preparing for. I thought out of interest I would examine the bench-books for unfair dismissal and general protections. Many people find the difference between the two confusing. I use the bench-books for research as they are useful guidelines of how the claims are lodged and proceed. They are also up to date which is important when citing case law.
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. Who ever put this together is clearly an expert and seriously committed to the project. If I didn’t think so, I would say so, I don’t hold back.
I was thinking wow, how good is all this, so helpful, its like the state library in the pre internet days. Then it occurred to me. How is the average employee, who finished high school going to get their head around all this?: (most people do not have a university degree). 40 percent of the working population is foreign born and English is not their first language.
Dismissal or General Protection Claim which do I lodge?, Reading material for you to decide.
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. Typical governments in order to try and make sometime simpler and easier to use, the only people who understand it are the public servants that wrote it.
Fair work Commission is there to help you
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 us today 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.
Without getting off topic, in this internet age, social media frenzy, its completely information overload. The example I use is coffee. You can type in the Google coffee is good for you, up come lots of sites. You can type in coffee is bad for you, up come lots of sites. Confused, any better off in trying to work out should you be drink more, less coffee, or coffee at all. Its called confirmation bias. That’s the world we are in, its our job at AWNA to decipher the information you provide us, give you advice, and lodge the best claim possible. We are proud of our staff and the staff are proud of the outcomes they achieve for our clients.
Embarrassment and confusion
When you lose your job chances are you didn’t tell your friends and relatives that you got dismissed. Instead, you likely used a euphemism to help soften the blow, such as saying you retired early, separated from your company or were eased out. I got made redundant along with others for example. Or perhaps you went with the reason I was unfair dismissed.
While it’s natural to want to mask the shame of being terminated, the truth is that incompetence and performance problems aren’t the primary reasons people are terminated. The usual causes range from staff reductions, mergers and changes in corporate direction to personality clashes, political conflicts and bad chemistry with the boss. Sometimes, however, the dismissal does reflect personal failure: a person doesn’t perform up to standards. That is habitually late to work, has excessive absenteeism, takes excessively long lunch hours, has cost the employer or failed to bring new business in, or doesn’t conform to a company’s culture.
Whatever the reason, however, getting sacked can be one of life’s most stressful experiences. The higher you are in the corporate structure, the greater the harrowing impact. (sometimes the salary you were on will never be obtained again). The first reactions to being sacked are usually anger and pain, followed by feelings of confusion and disillusionment. Unless these feelings are aired out with a spouse, friend or counselor, your self-esteem and confidence will suffer. You can be overwhelmed by a crippling sensation of powerlessness, depression and fear.
Conclusion: Dismissal or General Protection Claim which do I lodge?
Dismissal or General Protection Claim which do I lodge? A Whole New Approach P/L are leaders in workplace commentary, and research. (we are not lawyers). We are fiercely independent, we do not belong to any government agency, union, or industry group. Our advice is frank, honest and to the point, and free. All Fair work Commission matters, including workplace harassment, redundancy, matters around sex discrimination, sexual harassment. All dismissal or unfair dismissal issues. Calls, advice, is confidential. All states, Victoria, NSW, QLD, SA, WA, TAS, NT
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