You may be entitled to make either an unfair dismissal application or a general protections application to the Fair Work Commission where you have been dismissed from your employment or forced to resign.
You may only file one type of FWC application as the FWC may only consider one type of claim in relation to your dismissal.
21DAYS
IMPORTANT: You must make your FWC application within 21 days after your dismissal takes effect (section 394(2)(a) and (section 366)
What is the difference between an unfair dismissal application and a general protections application?
The two main differences are your eligibility and the criteria to be satisfied for each claim. Below is a brief summary of the differences between each type of claim.
For a more detailed explanation, please refer to the dedicated section of this user guide.
You should elect for the claim that best fits and describes your particular situation.
| Eligibility | |
| To make an unfair dismissal application you must:
-Be a national systems employee; -Have been employed for a minimum employment period of 6 months or 12 months if your employer is a small business employer; -Have a modern award or enterprise agreement apply to your employment OR earn below the current high income threshold of $136,700 per annum. |
To make a general protections application: – you may be a prospective employee or employee
There are no maximum income thresholds or minimum employment periods. |
| Criteria | |
| An unfair dismissal application may be made where:
-You have been dismissed at the initiative of your employer OR forced to resign (also known as constructive dismissal); and |
A general protections claim may be made where:
-You have a protected attribute such as race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin; OR -You have a workplace right; OR -You have been temporarily absent from work due to illness or injury; AND -Your employer has terminated your employment because of the above attributes, either because you have the attribute, had or exercised the workplace right or were temporarily absent from work. |
