Being on the receiving end of a job dismissal can be a distressing experience, especially when it appears harsh, unreasonable, or unjust. During these challenging times, our dedicated employment agents at Frontline Employment Defenders are here to help guide you every step of the way.
Distinguishing Between Unfair Dismissal and General Protections
In the complex landscape of employment law, two crucial elements safeguard your rights – Unfair Dismissal and General Protections. Although they’re housed under the same roof of the Fair Work Act 2009, each serves a distinct purpose and provides different protections.
Unraveling the Mysteries of Unfair Dismissal
Unfair dismissal claims center around situations where an employee feels their termination was unjust, unreasonable, or harsh. Such a claim extends to instances where an employer creates a work environment so intolerable that the employee is left with no other practical choice but to resign – known as constructive dismissal.
Time is of the essence when lodging an unfair dismissal claim. You have a strict 21-day window, starting the day after your dismissal takes effect, to lodge your claim. Weekends and public holidays count towards this period. If the 21st day falls on a weekend or public holiday, you may lodge your claim on the following business day.
Eligibility for an unfair dismissal claim involves meeting specific criteria, including completing a certain duration of employment and earning less than a particular annual income unless covered by a modern award or enterprise agreement.
The Shield of General Protections
Contrastingly, general protections serve to defend workplace rights, freedom of association, and guard against workplace discrimination. These protections are broader in scope, offering coverage from the very moment you start your employment.
A general protections claim involving dismissal can be lodged if you feel you’ve been dismissed for a reason that infringes upon the general protections provisions. Notably, there is no high income threshold for general protections claims, meaning high-income earners can lodge claims too.
Choosing between an unfair dismissal claim and a general protections claim often boils down to the specific circumstances surrounding your case. Our adept employment agents can guide you towards the course of action that is best suited for your situation.
Navigating through the intricate tapestry of unfair dismissal and general protections can be an intimidating prospect. However, the experienced team of employment agents at Frontline Employment Defenders stands ready to steer you through these complexities and advocate for your rights. Proudly serving Bayswater and surrounding suburbs, we’re here to support and guide you in your journey to justice.
Call Frontline Employment Defenders Now so we can help you 1300 089 353 or visit https://www.fled.com.au