General Protections Unfair Dismissal

Is it an ‘exceptional circumstance’ if representatives lodge my FWC application outside of the 21-day limit?

Should I lodge a General Protections or Unfair Dismissal?

Many unrepresented employees contact the Fair Work Commission assuming that it will give them free legal advice. It does not. It does provide sound information usually about an Unfair Dismissal claim and how to make an Unfair Dismissal claim.

What processes should a company follow before making a redundancy payment to you?

If you believe your employer has unfairly or unjustly made your position redundant, it may have failed to follow procedural requirements surrounding the redundancy of your position. Your employer is obliged to follow a process prior to making the redundancy package payment.

What rights do I have if I’m a high income employee who has been unfairly dismissed?

Under the Fair Work Act 2009 (Cth), a high income employee is classified as someone whose pro-rata employment salary is equal to or above the high income threshold.

Is my support person allowed to speak or act on my behalf during a disciplinary meeting?

As an employee you are entitled to have a support person at a disciplinary meeting.  This entitlement also extends to a performance management or investigatory meeting.  In fact, the failure by an employer to allow you to have a support person present may result or add weight in a dismissal in relation to that meeting being deemed unfair due to the lack of procedural fairness.

I did not sign an employment contract, what rights do I have?

You still have extensive rights and responsibilities as an employee, even if you have never signed an employment contract. The terms and conditions of your employment can be found in 4 places:

• The National Employment Standards in the Fair Work Act 2009 (Cth);
• Any applicable industry modern award;
• An employer-specific enterprise bargaining agreement; and/or
• Rights under other pieces of legislation.

My employer expects that I work from home whilst on sick leave – what can I do?

In today’s economy, employers constantly strive for higher productivity and efficiency in the workplace. Whilst this is critical to the success of the business, it may often have a detrimental impact on its employees where this push for productivity impinges on the workplace rights of employees.

I’m a whistle-blower, am I protected by the Fair Work Act?

What is whistleblowing?

There is no universally accepted definition of whistleblowing. The term is typically used to describe the conduct of an employee who reveals information about an improper or detrimental act committed by their employer or colleague.

Is it legal for my company to install a monitoring service on my computer?

Technology in the Workplace

In the modern workplace, technology can significantly contribute to business productivity and efficiency, as well as increased flexibility with respect to employees’ work schedules.

Nevertheless, the presence of technology in the workplace has the potential to hinder productivity insofar as employees are accessing their private email and social media accounts during working hours.

What can I claim in my general protections application (involving dismissal)?

If your employer takes adverse action against you in contravention of a general protections, they may be found to have breached a civil remedy provision which may make them liable for a penalty.

What should I include in my General Protections application (involving dismissal)?

A general protections application Form F8 is based on your employer taking adverse action against you because of a particular attribute and/or protection. You should ensure that you address each criterion and question in the general protections application form.

Am I eligible to make a general protections application (involving dismissal)?

The Fair Work Act 2009 (Cth) protects against the taking of adverse action against you including dismissal section 342 for defined reasons including: