The abrupt loss of employment can be a devastating blow, especially when the grounds for the dismissal appear unfair. The Fair Work Commission serves as a ray of hope in these troubling circumstances. This blog post seeks to clarify the intricate details of two important claim types – unfair dismissal and general protections – providing you with vital insights to manage this complex situation. Understanding these claims to their core is essential in selecting the most fitting approach for your unique situation, thereby enhancing the odds of a favorable outcome.
Decoding Unfair Dismissal: Are You a Suitable Candidate?
If your employment has been abruptly ended under what seem to be harsh, unjust, or unreasonable conditions, or if you firmly believe that your dismissal was baseless, then an unfair dismissal claim might be your best recourse. However, you need to fulfil certain prerequisites:
Your employment duration should be no less than six months (or 12 months if your employer is a small business).
Your employer should operate under the National System, or be governed by a modern award or enterprise agreement.
Your annual income must not exceed the high-income threshold, which is currently $167,500 as of July 1, 2023.
If these prerequisites mirror your situation, and you decide to file an unfair dismissal claim, remember to lodge your application with the Fair Work Commission within 21 days of your termination date.
The Reward of a Successful Unfair Dismissal Claim: What Can You Expect?
If you succeed in an unfair dismissal claim, you might encounter one of two possible outcomes:
Reinstatement: This entails your return to your job as it existed before your dismissal. However, instances like these are rather unusual.
Financial compensation: If a return to your previous job is not possible, you may be eligible for compensation for lost earnings, capped at a maximum of 26 weeks’ pay. This claim does not account for emotional distress or suffering.
Understanding General Protections Claims: The Course of Action
If your dismissal resulted from you exercising 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 might qualify to file a general protections claim.
A noteworthy benefit of general protections claims is that they don’t require a minimum employment duration. Thus, regardless of how long you were employed before dismissal, you can lodge a claim if you believe your termination was due to a protected reason. Much like unfair dismissal claims, you must lodge your application within 21 days of your dismissal.
The Consequence of a Successful General Protections Claim: What Awaits You?
A victory in a general protections claim can lead to either reinstatement or financial compensation. However, general protections claims offer several unique advantages:
There’s no limit on the compensation you can demand, which could exceed the 26 weeks’ pay cap associated with unfair dismissal claims.
You can claim compensation for non-financial losses, such as emotional distress caused by the job loss.
Unfair Dismissal vs. General Protections Claims: Distinguishing Features
While both claim types offer potential remedies in the face of an unfair job dismissal, they each carry significant distinctions. Firstly, general protections claims do not require a minimum employment duration, a prerequisite for unfair dismissal claims. Secondly, while unfair dismissal claims concentrate on the fairness of the dismissal process, general protections claims focus on the cause of dismissal.
Facing a job dismissal can be like navigating through a maze, but both unfair dismissal and general protections claims offer potential pathways to justice. Discerning the essential differences between the two can significantly impact your case’s outcome. Therefore, investing time in fully understanding these options ensures you’re making the most suitable choice for your specific circumstances.