See Fair Work Act 2009 s.725‒s.733
When employment is terminated, it will be necessary to choose one of several options for challenging the termination, (apart from an unfair dismissal application there could for example, be a right to make a general protections application or a claim under anti-discrimination laws).
Multiple actions in relation to the same dismissal are NOT permitted.
An unfair dismissal application must not be made if a general protections application or unlawful termination application has also been made regarding the same dismissal.
Different applications could result in different remedies, if the application is successful. Advice should therefore be obtained promptly on all available options, before a final decision is made about making an application under the unfair dismissal provisions.
This benchbook deals only with unfair dismissal. Information about general protections applications is contained in the General protections benchbook.
If you would like free legal advice there are Community Legal Centres in each state and territory who may be able to assist.
The law institute or law society in your state or territory may be able to refer you to a private solicitor who specialises in workplace law.
Workplace Advice Service
The Commission has a free legal assistance service available to eligible employees and employers. The Commission coordinates the Service in collaboration with lawyers from our network of partner organisations. You can check your eligibility and fill in the Workplace Advice Service request form online.