Fair Work Commission

Introduction

See Fair Work Act s.365

If:

• a person has been dismissed, and
• the person, or an industrial association that is entitled to represent them, alleges that the person was dismissed in contravention of the general protections;

then the person (or their industrial association) may apply to the Commission for the Commission to deal with the dispute. If no such application is made, the person cannot take the matter to a Court.

What if there is a question about whether the dismissal occurred?

A person must have been dismissed to be entitled to make a general protections dismissal dispute application.^[1]

If, for example, an employer argues that the applicant left their employment for a reason other than dismissal (such as resignation), the Commission must determine whether the applicant was dismissed before it can exercise powers under s.368 to deal with a dispute about whether the applicant was dismissed in contravention of the general protections.^[2]

References