Queensland, Australia, has a robust legal framework governing criminal offenses. Understanding the principles and provisions of Queensland’s criminal law is essential for both legal professionals and the general public. Let’s delve into the key aspects:

Applying for General Protections and Unfair Dismissal with the Fair Work Commission

If you feel you have been dismissed from your job unfairly or have had an issue with discrimination, coercion or misrepresentation in your workplace, you may be able to make a general protections or unfair dismissal claim to the Fair Work Commission under the Fair Work Act 2009 (Cth). Here’s an overview of how the process works:

General Protections Claims

General protections claims deal with workplace issues around discrimination, coercion, misrepresentation, sham contracting, pay and conditions. To make general protections claim, you first need to fill out a Form F8 Application for orders dealing with general protections and file it with the Fair Work Commission. This form allows you to provide details about your claim and what orders you are seeking, such as compensation or reinstatement.

The application must be lodged within 21 days of when you were dismissed or from when the event occurred. Once submitted, the Fair Work Commission will forward the Form 8 to the Respondent for their review. The Respondent will complete a Form 8a Response which will be provided to you for your review. The Fair Work Commission will also assess the application and set a date for conciliation of the dispute first through mediation with the intention to negotiate an outcome. If conciliation is unsuccessful, the matter may proceed to a formal hearing. At the hearing, you will need to provide evidence to support your claim. If successful, the Fair Work Commission can make orders such as compensation for loss of income or reinstatement of employment.

It is very important to remember that you don’t need to represent yourself. An experienced Employment Law Specialist will be able to quickly prepare your Form 8 Application and will also be able to provide a quick and effective review of the Form 8a from the Respondent in preparation for your conciliation. You need to be clear, concise and truthful when providing your evidence to your lawyer, this will be placed into a timeline of events outlining any breaches by the Respondent and relevant legislation. Getting all this work done early is important so that if terms are not negotiated at conciliation most of the prep work will have been done making the application for a Court hearing more straightforward. Of course, settling out of court is going to be the most cost effective and these negotiations can take place at anytime outside of the Fair Work Commissions process.

Unfair Dismissal Claims 

If you feel you have been unfairly dismissed from your job, you can lodge an unfair dismissal claim with the Fair Work Commission. To do this, you need to fill out a Form F2 – Application for unfair dismissal remedy and submit it within 21 days of your dismissal taking effect.

In the application, you will need to explain why you feel your dismissal was harsh, unjust or unreasonable. Key things to outline are the circumstances of your dismissal, reasons given by your employer, why you feel it was unfair, and any evidence you have to support your claims. The Fair Work Commission will assess whether you meet eligibility requirements for an unfair dismissal claim.

If accepted, like general protection claims the matter will first go to conciliation where resolution will be attempted through mediation or a conference between you and your former employer. If it remains unresolved, a formal hearing will take place where you can present your evidence and arguments. The Commission will then make a determination as to whether reinstatement or compensation is warranted.  

The process for general protections and unfair dismissal claims through the Fair Work Commission can be complex, so it may be advisable to seek assistance from an employment lawyer or your union. Providing clear details on the application forms and gathering evidence to support your case will help strengthen your claims. Remember to be realistic with regards to compensation. Unfair dismissal claims have a ceiling on claims being the lower of these 2 amounts: the amount the employee would normally have received from the employer in the six months before the dismissal or $83,750 (50% of the high income threshold). General protections claims do not have a ceiling or cap, however it is important to be realistic and prepared for negotiations.

For advice regarding your employment law dispute please contact us at North law for a free 15-minute consultation. We can give you the support you need throughout what can be a difficult process.