Jessie Poon, MDC Legal
The Fair Work Commission has for the first time published data
on the outcomes of general protection applications involving
dismissal.
One of the Commission's objectives is to provide information
to potential applicants, so that they can be better informed as to
what can be achieved through making general protections claims,
also known as adverse action claims.
As a cautionary tale for the employer, however, it is worth
noting that while most cases involving monetary settlements are for
sums less than $10,000, a number of cases involved settlements in
excess of $50,000 and even $100,000.
GENERAL PROTECTIONS CLAIMS - THE BASICS
The General Protections provisions in the Fair Work Act aim to
protect workplace rights and freedom of association, and to protect
employees from workplace discrimination. Under section 365, persons
who believe that they have been dismissed in contravention of the
general protections provisions can make a general
