Anthony Forsyth, Consultant, Corrs Chambers Westgarth

The termination of an employee’s employment may result in an application by the dismissed employee under the “unlawful termination” provisions in the Fair Work Act 2009 (Cth) (FW Act). However, claims for unlawful termination are uncommon as the FW Act prohibits a person from applying for relief under the unlawful termination provisions where they are entitled to make a general protections court application in relation to the same conduct. See Introduction to the general protections. This is in recognition of the substantial overlap between the two types of application.

See Unlawful termination.