An employee has two grounds for a general protections dismissal claim:
1. Discrimination based on political opinion.
2. Adverse action for industrial activity.
However, because the employee lives in NSW, a "loophole" applies which means the employee is not covered by the general protections against discrimination based on political opinion. This issue is known to the Fair Work Commission and a precedent exists.
The employee is therefore entitled to make an unlawful termination application to the Fair Work Commission on grounds of discrimination based on political opinion because they are not covered by the general protection.
My question is, can the employee argue the adverse action for industrial activity in the unlawful termination case, when they are still eligible for it as a general protection? A situation now exists in which they are simultaneously covered and not covered by the general protections in relation to the same dismissal. What should they do?
1. Discrimination based on political opinion.
2. Adverse action for industrial activity.
However, because the employee lives in NSW, a "loophole" applies which means the employee is not covered by the general protections against discrimination based on political opinion. This issue is known to the Fair Work Commission and a precedent exists.
The employee is therefore entitled to make an unlawful termination application to the Fair Work Commission on grounds of discrimination based on political opinion because they are not covered by the general protection.
My question is, can the employee argue the adverse action for industrial activity in the unlawful termination case, when they are still eligible for it as a general protection? A situation now exists in which they are simultaneously covered and not covered by the general protections in relation to the same dismissal. What should they do?
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