According to the Fair Work Commission’s annual report unfair dismissals comprise about 45% of all applications. The total number of claims (just under 14,000) is similar to recent years with about 80% being successfully conciliated.
The most significant trend is a continuing increase in the number of general protection claims. The number increased by 9% in 2019, to 5640. These are claims made against an employer for taking adverse action, which is any action that puts an employee at a disadvantage, such as a demotion or terminating for exercising a workplace right or for discriminatory reason. A possible explanation for the increase is that compensation to employees for successful general protection claims is not subject to a cap, unlike the other types of claims. About 60% of general protection claims were resolved at conciliation stage.
Despite some predictions at the time of introduction the number of bullying applications remains relatively low. This is possibly due to the requirement that an employee must be employed to make such a claim.
Should you receive a claim, CCER’s employment relations specialists are ready to assist you to resolve the matter. Contact us on (02) 9390 5255 or email us at firstname.lastname@example.org.