Unfair Dismissal claims are on the rise!!

[Qld IR Consultant]

FWA has received more than 550 general protections applications every quarter this financial year.

The tribunal yesterday released its third set of separate statistical reports it deals with under the legislation - this time for the quarter to the end of March this year

With unfair dismissals, the tribunal received 3219 s394 applications in the quarter - up on average on the combined 6279 in the second half of last year - and 36 unlawful termination claims. The vast majority of the unfair dismissal bids - 2564 - were settled at (1959) or before (605) conciliation.

At conciliation, meanwhile, the tribunal continued to deal with the overwhelming majority (2384) of the claims before it by telephone, with only 76 conducted in person and one by video conference. Its overall settlement rate at conciliation remained high, at 79%.

The tribunal arbitrated 64 dismissal claims in the quarter, finding 24 were unfair and 40 fair. It made just five reinstatement and 18 compensation orders.

'General Protections' disputes are a new way of claiming unfair dismissal during the probationary period.

The existence of the General Protections division means that there really is no such thing as a probationary period of employment.

The General Protections division of the legislation allows people to make an unfair dismissal claim if sacked whilst on probation. Employees simply have to claim they were sacked for a 'prohibited reason', eg. making a bullying complaint, being a woman. Remember, no evidence is needed for this claim and conciliation is aimed at 'settling' the matter without examining evidence.

With general protections, FWA received 449 applications to deal with disputes (involving dismissals), and 117 under s372. It finalised 391 s365 matters, issuing 134 unsuccessful resolution certificates. It finalised 107 of the s372 disputes.

Additionally, the small business 'Fair Dismissal Code' is a dismal failure.

While 609 applications related to a small business employee, only two were rejected because the dismissal was consistent with the small business fair dismissal code.
These figures are extremely alarming. Either the dismissal code is completely impossible to follow or virtually all small business people are unable to follow it.

What is your opinion on the matter?

Food for thought.