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What are my financial liabilities if I lodge a FWC application?
Each party is required to bear their own costs in relation to a FWC matter (section 611) thus you are not liable to pay the costs incurred by your employer.
Unlawful Discrimination?
Employees in all industries have the right to a safe working environment, free from discrimination based on age, gender, ethnicity, marital status etc.
It is unlawful for an employer to take adverse action against an employee on the basis of any of these attributes.
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What happens after I lodge my FWC application?
Unfair Dismissal Lodgement of FWC Unfair Dismissal Employer is notified and provided with an opportunity to lodge an Employer’s Response.
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How do I lodge an unfair dismissal or general protections application?
You must complete the unfair dismissal or general protections application form prior to lodging it with the FWC. The relevant forms to be filled out are: Unfair dismissal – Form F2;
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What can I claim in a general protections application (not 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 to pay a penalty.
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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:
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Punishment by changing shifts?
I have a flexible working arrangement allowing me to work permanent night shifts to care for my children during the day.
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I am on a 457 visa and have been dismissed from my employment. Can I bring a claim in the Fair Work Commission?
A Temporary Business (Long Stay) visa (457 Visa) allows skilled workers to be employed in Australia where they are sponsored by an Australian business.
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What are my rights if I believe my boss wants to replace me with a younger employee?
You may be able to make a claim for unlawful discrimination on the basis of age or on the basis of physical features. Age is a protected attribute under s 6(a) of the Equal Opportunity Act 2010 (Vic).
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What can I do if I am overlooked for a promotion while on maternity leave?
Equal Opportunity Act 2010(Vic) An employee cannot be overlooked for promotion because she is on maternity leave. This may constitute discrimination under the Equal Opportunity Act 2010 (Vic).
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Can I still bring a discrimination claim against my former employer if I resigned?
Just because you have resigned from your position does not mean you have forfeited your right to make a claim against your former employer for discrimination.
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What are my rights if my employer wants a younger person over a more experienced person?
Age Discrimination Your employer cannot, when contemplating candidates for a promotion, allow age to be a substantial reason for the decision not to offer you the promotion.
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I have been unlawfully discriminated against in Victoria prior to 1 August 2011, does the new Equal Opportunity Act apply to me?
It is most likely that an employment related discrimination claim that occurred prior to 1 August 2011 will be covered by the old Act – the Equal Opportunity Act 1995 (Vic).
