If you have worked for your employer for less than 12 months or you earn more than $153,600, you may not be eligible to lodge an unfair dismissal claim. However, there are claims for compensation that you can make when dismissed under certain circumstances. That is a general protections claim.
If you believe that you have been dismissed because you made a complaint or an enquiry about your position – for example, asking for a pay rise or complaining about something work related – then you may be able to make a claim. There is existing legislation around this subject and our team can assist you in understanding your rights.
In these circumstances, it’s likely you will feel very frustrated or overwhelmed by your situation. A perceived lack of fairness or understanding from your employer can make the prospect of pursuing matters further seem daunting or futile. That’s where 4 Unfair Dismissal comes in. We’re here to support you, wherever you reside in Australia, including QLD, VIC and WA.
If you believe that you have been dismissed because you possess certain attributes – for example, your age, skin colour, pregnancy, sexual orientation, physical/mental disability or religion – then you may be able to make a general protections claim. Our team can help you navigate this process, so you know your rights going forward.
Please note, the Fair Work Act of 2009 has a long list of situations and attributes that an employee cannot be dismissed for. These claims are a safety net for employees that fall outside of unfair dismissal eligibility. To discuss your situation and the full list of protections and possible compensation, please contact Jamie Hawkins LLB on 0419 774 330.
Jamie will give you a free case appraisal and arm you with the knowledge you need to weigh up your options. By understanding where you stand, you can better navigate the process and determine if making a claim is the right move for you.
General protections add an additional level of job security to ensure Australians are afforded the right to be treated with honesty and respect by their employer. From general rights and protection against workplace discrimination, to freedom of association and relief against unfair treatment, general protection legislation gives you a defence in the event that an adverse action is taken against you by an employer.
Whether you are denied legal entitlements, have your role changed to your disadvantage or are being treated differently to others – 4 Unfair Dismissal provides much-needed insight and representation in this field. For more information, contact Jamie on 0419 774 330.
Like everything else, general protection claims have been affected by COVID. However, this does not mean you can’t make a claim. These systems are still in place, with online and mail lodgement available. Simply contact the team at 4 Unfair Dismissal and we will walk you through the options.
If you feel that you have been unfairly dismissed but don’t know whether you are covered by unfair dismissal laws or general protections, we can assist there too. With extensive experience in industrial advocacy, we know our way around these topics and will work hard to meet your expectations.
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