the Applicant v Horsham Golf Club
What happened
the Applicant lodged an unfair dismissal application on 1 July 2026. He also filed a general protections application relating to the same dismissal on the same date. The Fair Work Commission advised him that he couldn't pursue both applications simultaneously, as section 725 of the Fair Work Act 2009 restricts this. Despite repeated requests, the Applicant didn't discontinue the general protections application or provide reasons for it to proceed. The Commission initiated the dismissal under s.587(1)(a).
What was decided
The Fair Work Commission dismissed the Applicant’s general protections application. The Commission found it wasn’t made in accordance with the Fair Work Act 2009, specifically due to section 725. This section prevents an applicant from pursuing a second application involving the same dismissal if the first (an unfair dismissal application) hasn’t been withdrawn or failed. To proceed with a general protections claim, the Applicant must discontinue both applications and file a new one.
What it means for employers
Employers should be aware of the rules around multiple applications concerning the same dismissal. Employees can only pursue one type of application at a time. This highlights the importance of understanding the Fair Work Act and seeking legal advice if unsure about the correct process.
What it means for employees
If you've lodged an unfair dismissal application, you can't simultaneously pursue a general protections claim about the same dismissal. You must withdraw the unfair dismissal application or have it fail before proceeding with a general protections claim.
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