Losing a job is an unsettling experience, especially when the dismissal seems harsh, unjust, or unreasonable. As you grapple with this complex situation, remember that our skilled employment agents at Frontline Employment Defenders are here to guide you every step of the way.
Unfair Dismissal and General Protections: What’s the Difference?
Unfair dismissal and general protections are two key facets of the Fair Work Act 2009 that are designed to uphold employees’ rights. While they might appear similar, they address different aspects of employment law and offer distinct protections.
Unfair Dismissal Claims
An unfair dismissal claim is lodged with the Fair Work Commission when an employee believes their termination was unjust, unreasonable, or harsh. A dismissal also includes a situation where an employer creates intolerable conditions, leaving the employee no reasonable choice but to resign – this is known as constructive dismissal.
Remember, the clock starts ticking the day after the dismissal takes effect. You have a 21-day window, including weekends and public holidays, to file your unfair dismissal claim. If the 21st day falls on a weekend or a public holiday, you can lodge your claim on the following business day.
To be eligible for an unfair dismissal claim, you need to meet certain criteria, including having worked for a minimum employment period and earning below a specific annual income threshold, unless you’re covered by a modern award or enterprise agreement.
On the other hand, general protections provisions protect workplace rights and freedom of association, and shield employees from workplace discrimination. These protections are broader and apply from the moment you start work with your employer, unlike unfair dismissal protections, which require a minimum period of employment.
If you believe you have been dismissed for a reason that breaches the general protections provisions, such as discrimination or exercising a workplace right, you can lodge a general protections claim involving dismissal. Unlike unfair dismissal claims, there’s no high income threshold for general protections claims, which means that high-income earners are also covered.
While both types of claims can offer remedies such as reinstatement and compensation, the choice between lodging an unfair dismissal claim or a general protections claim often depends on the individual circumstances of your case. Our employment agents can provide comprehensive advice regarding your best course of action.
Navigating through the intricacies of unfair dismissal and general protections can be a daunting task. But, regardless of your situation, the dedicated team of employment agents at Frontline Employment Defenders is ready to guide you through the complexities and advocate for your rights. We are proud to serve Bayswater and surrounding suburbs
Call Frontline Employment Defenders Now so we can help you 1300 089 353 or visit https://www.fled.com.au