The sudden loss of employment can feel like a thunderclap, especially when the grounds for dismissal appear unjust. The Fair Work Commission, in such challenging situations, can be your guiding light. This blog post aims to demystify the complicated aspects of two crucial types of claims—unfair dismissal and general protections—providing you with valuable knowledge to tackle this challenging scenario. A profound understanding of these claims is key to identifying the most suitable recourse for your specific case and boosting your chances of a positive result.
Unfolding Unfair Dismissal: Do You Qualify?
If your employment contract has been abruptly terminated under circumstances that seem severe, unjust, or unreasonable, or if you firmly believe that your dismissal was baseless, you might want to consider an unfair dismissal claim. Nonetheless, you must meet certain conditions:
You should have been employed for at least six months (or 12 months if your employer is a small business).
Your employer should be a part of the National System or be governed by a modern award or enterprise agreement.
Your annual earnings should not exceed the high-income threshold, which is presently $167,500 as of July 1, 2023.
If these conditions reflect your situation and you decide to pursue an unfair dismissal claim, ensure to lodge your application with the Fair Work Commission within 21 days of your termination date.
The Aftermath of a Successful Unfair Dismissal Claim: What Lies Ahead?
Achieving success in an unfair dismissal claim can lead to one of two potential outcomes:
Reinstatement: This would mean your return to your job as it was before your dismissal. However, such instances are quite rare.
Financial compensation: If your return to the previous job is unfeasible, you may receive compensation for lost earnings, capped at a maximum of 26 weeks’ pay. This claim does not consider emotional distress or suffering.
Deciphering General Protections Claims: What’s the Process?
If your dismissal was due to your exercising of a protected right or attribute under the Fair Work Act—such as age, race, disability, gender, religious or political beliefs, union membership, or the use of sick leave—you may qualify to lodge a general protections claim.
One significant perk of general protections claims is the lack of a minimum employment duration requirement. So, no matter how long you were employed before dismissal, you can lodge a claim if you believe your termination was due to a protected reason. Like unfair dismissal claims, your application must be submitted within 21 days of your dismissal.
The Result of a Successful General Protections Claim: What Awaits You?
Winning a general protections claim can also result in either reinstatement or financial compensation. However, general protections claims come with several unique advantages:
There’s no upper limit on the compensation you can claim, potentially surpassing the 26 weeks’ pay limit associated with unfair dismissal claims.
You can claim compensation for non-economic losses, such as emotional distress due to job loss.
Distinguishing Unfair Dismissal vs. General Protections Claims: Key Differences
While both claim types offer potential relief in the event of an unfair job dismissal, they each have distinct features. Firstly, general protections claims do not require a minimum employment duration, a requirement for unfair dismissal claims. Secondly, while unfair dismissal claims primarily focus on the fairness of the dismissal process, general protections claims zero in on the reason for dismissal.
Summing Up
Handling a job dismissal can feel like walking through a maze, but both unfair dismissal and general protections claims offer potential routes to legal relief. Comprehending the fundamental differences between the two can considerably impact your case’s outcome. Therefore, taking time to fully understand these alternatives ensures that you’re selecting the most advantageous course for your specific circumstances.