the Applicant v The Trustee for RSSM Medical Trust
Citation: [2026] FWC 2559
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an unfair dismissal application on December 17, 2025. She then filed a general protections application concerning the same dismissal on January 5, 2026. The Fair Work Commission (FWC) advised her that she couldn't pursue both applications simultaneously under section 725 of the Fair Work Act. Despite multiple attempts by the FWC to contact her, the Applicant did not respond.
What was decided
The FWC dismissed the Applicant’s general protections application filed on January 5, 2026. The Commission found that because she had already lodged an unfair dismissal application, section 725 of the Fair Work Act prevented her from pursuing a second application related to the same dismissal. To proceed with a general protections claim, the Applicant would need to discontinue both applications and file a new one.
What it means for employers
Employers should be aware that employees can only pursue one type of application (unfair dismissal or general protections) regarding the same termination until the first is resolved or fails. This highlights the importance of understanding Fair Work Act provisions related to multiple claims.
What it means for employees
If you've already filed an unfair dismissal claim, be aware that you may not be able to pursue a separate general protections claim about the same issue until your initial application concludes. You might need to withdraw or have it fail before lodging another type of claim.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →