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Employee Claims

Everything you need to know about employee claims

Subject to several conditions, national system employees are protected from unfair or unlawful dismissal and discrimination in employment.

General Protections

Defending a general protection claim can be time-consuming and costly. This information is intended to help employers understand how to deal with an employee who threatens to commence or does commence a general protections claim.

Unfair Dismissal

An employee who believes they have been unfairly dismissed from their employment is constrained by strict jurisdictional parameters which limit this provision to specific classes of employees.

Unlawful Dismissal

On the other hand, an employee who believes that they have been unlawfully dismissed from their employment generally has a choice in seeking a review either through an Unfair Dismissal Application, or a General Protections Application. There is considerable overlap in these actions, but only one avenue of review may be chosen, and the choice must be made within 21 days.

Discrimination Claims

An employee (and a prospective employee) who believes that they have been unfairly treated at work can make a complaint under national and/or state laws that cover equal employment opportunity and anti-discrimination. Being treated unfairly includes being refused a job, being dismissed from employment, being denied training opportunities, missing out on a promotion or receiving less favourable working conditions or terms of employment.

You can find more information on these topics by selecting from the list below: