Workplaces are far from perfect, and it’s no secret that sometimes, workers have to grapple with some pretty tough situations. Among the most challenging are instances of bullying and unfair dismissals. When caught in such a bind, it helps to have allies who understand the ins and outs of employment law, like Frontline Employment Defenders. They can provide the necessary guidance and support to help you navigate these murky waters.
If you’ve lost your job in circumstances that seem unjust, you’ve got a couple of legal options available to you. You can file either an unfair dismissal claim or a general protections dismissal claim. But remember, the clock is ticking: you have just 21 days from the date you were dismissed to take action (weekends included).
Let’s explore these two options:
- Unfair Dismissal
If you’ve been dismissed, and you believe the decision was harsh, unjust, or unreasonable, you might have grounds to file an unfair dismissal claim under the Fair Work Act 2009 (Cth). You may also be eligible if you were told that your dismissal was a redundancy, but it was not a genuine redundancy. However, you need to have been employed for at least 12 months (for small businesses with fewer than 15 employees) or six months (for larger businesses) prior to your dismissal.
- General Protections Dismissal
A general protections dismissal is when your employer dismisses you because you have exercised a workplace right, or for a discriminatory reason. Examples of workplace rights include correct pay, leave entitlements, union participation, and the right to make a complaint about your working conditions. Discriminatory reasons might involve terminating your employment on the basis of sex, carer’s responsibilities, disability, race, or age.
The question now is, should you choose an unfair dismissal claim or a general protections claim? It’s a tough call, and this is where Frontline Employment Defenders can really be a game changer. They can help you understand the pros and cons of each route, the timelines, the processes, and which course of action best suits your situation. It’s worth noting that general protections dismissal claims have no cap on the amount of compensation, unlike unfair dismissal claims which are capped.
Apart from these two options, there might be other actions you can take if you’ve lost your job unfairly, such as filing a discrimination complaint under state or federal anti-discrimination laws, or a claim for unpaid wages and entitlements.
The law is complex, and every case is unique. So if you are considering filing an unfair dismissal or general protections claim, we highly recommend contacting Frontline Employment Defenders. They have the expertise to provide detailed information and legal advice tailored to your specific situation. Your employment rights matter. Know your options, take action, and don’t face workplace injustice alone.
Call Frontline Employment Defenders Now so we can help you 1300 089 353 or visit https://www.fled.com.au