General protections applications involving dismissal

To apply you must:

• have been an employee (not a contractor, prospective employee or volunteer)
• be covered by the national workplace relations system
• have been dismissed (your employer ended your employment or you were forced to resign because of something your employer did), and
• believe it was for a prohibited reason.

You must apply within 21 days of the dismissal taking effect.

1. General protections dismissal is not the same as unfair dismissal

In an unfair dismissal case, the focus is on whether your dismissal was harsh, unjust or unreasonable. In a general protections case, you are saying that you were fired for a reason that is against the law.

2. You must apply within 21 days of the dismissal taking effect

This is a strict time limit under the law and late applications are generally not accepted. You can request an extension of time in exceptional circumstances; however, most (about 80%) are denied.

3. You cannot apply if you have already made another application

For example, if you have already made an unfair dismissal application or an application under anti-discrimination laws about your dismissal.

4. When you apply you are starting legal action

Be clear who you are starting legal action against (the respondent). You need to provide the respondent’s name, contact details and Australian Business Number (ABN) if it’s a business.

Be aware that your case may end up in court.

5. You will need to pay an application fee

To find out how much the application fee is, go to our Fees and costs webpage. You can ask to have the fee waived if it would cause you serious financial hardship.

Our usual process is:

Apply

The employee applies within 21 days of the dismissal taking effect. The application is sent to the respondents. They have 7 days to respond.

Dispute resolution

We work with both sides to try to resolve the dispute. In dispute resolution both sides can agree to a range of outcomes, for example:

• an apology
• payment of outstanding wages and entitlements
• the employee getting their job back (reinstatement)
• the employer providing a statement of service
• agreement to keep the settlement details confidential and not criticise the other side (‘non-disparagement agreement’)
• agreement not to bring other actions or claims
• financial compensation.

Our role ends

If an agreement is reached it is recorded in writing and signed by both sides. The case is then closed.

If no agreement is reached, we issue a certificate to allow the case to go to court. If the Commission Member thinks you are unlikely to win at court, the certificate we issue must say this.

Court or arbitration

You will have 14 days after the certificate is issued to either:

• apply to the Federal Court to decide the case, or
• apply to the Fair Work division of the Federal Circuit and Family Court to decide the case, or
• jointly apply to us at the Commission for arbitration.

Arbitration in these cases is rare. All parties must agree to arbitration in the Fair Work Commission and all must sign the Form F8B before you send it to us.

Response to general protections application involving dismissal – use this form if you are a respondent, or their representative, and have been asked to respond to a general protections dismissal application.