Unfair Dismissal / General Protections

Unfair dismissal describes the situation in which a person is dismissed from their job for a reason which is harsh, unjust, or unreasonable. Many employees have the right to make an unfair dismissal application in the Fair Work Commission.

If you have been unfairly dismissed, you may be entitled to compensation or in some cases, reinstatement.

General protections (also called adverse action) applications arise because a person has been dismissed, or otherwise prejudiced in their employment, because they sought to exercise a workplace right (or didn’t exercise a workplace right), for industrial activity or for a discriminatory reason.  These matters are heard in a Court, but may be settled in conciliation in the Fair Work Commission.

You should be aware that there are strict time limitations when making an unfair dismissal application or general protections applications involving dismissal. You have only 21 days from the date of the dismissal to make an application to the Fair Work Commission. It is important that you consult a lawyer as soon as possible so that we can assess and if necessary prepare your claim.

Taylor and Scott act for clients in a range of employment-related matters, including unfair dismissals and general protections. Our aim is to allow you to enforce your rights in a cost-effective way. Most matters settle on a confidential basis before they reach a hearing.