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Unfair dismissal is a Fair Work Commission or Industrial Relations Commission application that deals with dismissals that are harsh, unjust or unreasonable. These applications originate in the Commission and must be filed within 21 days of the date your dismissal takes effect.
General protections are another kind of Fair Work Commission or Industrial Relations Commission application that deals with adverse action taken against an employee for asserting a workplace right. This workplace right may include taking leave, making a complaint, or asserting any right under the National Employment Standards.
These applications must be lodged within 21 days of dismissal for applications involving dismissal.
If you have resigned or are still employed, there is a 6 year limitation period on bringing proceedings for an adverse action.
For general protections, you can claim damages for hurt and humiliation, as well as the end of your contract, and other damages.
An application for bullying can be made to the Fair Work Commission for continued targeted bullying conduct from your employer. However, to bring a bullying claim, you must still be employed.
For bullying claims, the Fair Work Commission can make any orders they see fit, for example removing you from a direct manager.
Common law claims
There are also common law claims which can be brought against your employer. For example, wrongful dismissal may be brought against an employer where an employment contract is breached by the termination of employment.
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Fair Work Commission UFD
At Banga Legal, we can assist you with the drafting, lodgment and conciliation process for unfair dismissal.
In the case that we are unable to settle at conciliation, we can assist you in a hearing or arbitration.
The maximum compensation which can be awarded for UFD is 6 months’ wages. You cannot claim damages for UFD.
The requirements for a Fair Work Commission unfair dismissal are:
1. The employee is a national system employee covered by a modern award or enterprise agreement;
2. The employee must have been an employee of the respondent for more than 6 months (minimum period of employment);
3. The employee earns less than the high-income threshold (which is more than $158,500 p/a at the moment);
4. The dismissal was not a case of genuine redundancy; and
5. In all circumstances, the dismissal was harsh, unjust and unreasonable.
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