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Multiple actions
Table of contents
Overview
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.
Important
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.[1]
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.
Legal advice
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.
Case example
What happens if you make the wrong application?
Section 586 of the Fair Work Act provides a power for the Fair Work Commission to correct or amend an application, or waive an irregularity in the form or manner in which an application is made.[2]
However, the power in s.586 does not allow the Commission to amend an unfair dismissal application so that it becomes a general protections application.[3] It cannot be used to allow an amendment to an application that fundamentally changes the kind of application that was originally made.[4]
If a person decides that they have made an incorrect application and would like to pursue a different type of application, under another section of the Fair Work Act in relation to a dismissal, they will need to discontinue the existing application and file a new application under the appropriate section.
Where a new application is made under s.365, the application must be accompanied by the prescribed application fee (s.367 and reg.3.02 of the Fair Work Commission Regulations 2009) and must be made within 21 days after the dismissal took effect or within such further period as the Commission allows.[5]
Related information
References
[1] Du v University of Ballarat (2011) 211 IR 382 at para. 24.
[2] Fair Work Act s.586; see Narayan v MW Engineers Pty Ltd (2013) 231 IR 89 at para. 6.
[3] Ioannou v Northern Belting Services Pty Ltd [2014] FWCFB 6660 (Boulton J, Gostencnik DP, Johns C, 2 October 2014) at para. 11.
[4] ibid., at para. 17.
[5] ibid., at para. 16.
Updated time
Last updated
01 July 2021
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