Posts: general protections claim

A resignation that is “forced” due to the employer’s conduct may be considered a “dismissal” within the meaning of the Fair Work Act 2009 (Cth), thereby granting the employee access to the unfair dismissal or general protections jurisdictions.

For an employee to bring a general protections claim involving dismissal, they must be able to demonstrate that they were “dismissed” from their employment within the meaning of section 386 of the Fair Work Act 2009.