In Fair Work Commission, General Protections and Unfair Dismissal streams many individuals find themselves receiving between $2,000 and $8,000 as compensation after being unjustly terminated.
The compensation amount is largely dictated by the unique circumstances of your dismissal and the approach you take against your employer.
Types of Claims After Unfair Dismissal
There are several types of claims you can make after being unjustly let go from your position. The two most prevalent are:
Unfair dismissal claim
A general protections provision involving dismissal.
You must select one, and it must be filed within 21-days of your dismissal. If you’re uncertain about the best course of action, please reach out to Frontline Employment Defenders. Our team of experienced agents will guide you towards the best option.
What Constitutes Unfair Dismissal?
Unfair dismissal is determined if:
The dismissal was harsh, unjust, or unreasonable.
It wasn’t a case of genuine redundancy.
If you worked for a small business, your dismissal wasn’t in line with the Small Business Fair Dismissal Code.
Conciliation Process
Most unfair dismissal claims find resolution during conciliation, a session held between the parties before the matter progresses to a full hearing. As per its 2020-21 Annual Report, the Fair Work Commission settled 6,835 through conciliation. In total, the Commission did not settle 2,464 matters at conciliation.
General Protections Provisions for Unfair Dismissal
In most cases, employees receive more compensation by filing a general protections dismissal claim. However, to be eligible for a general protections claim, your dismissal must be related to certain workplace rights.
Your dismissal must involve you exercising a protected workplace right, such as:
Inquiring about your pay or schedule.
Taking a sick day.
Participating in union activity.
Key Takeaways
The essential for those who believe they have been unfairly dismissed to seek immediate guidance to ensure you get the maximum compensation you rightfully deserve. Frontline Employment Defenders are here to assist you every step of the way.
Call Frontline Employment Defenders Now so we can help you 1300 089 353 or visit https://www.fled.com.au