Application by the Applicant
At a glance
- 1
What happened
The Applicant initially filed a general protections application concerning his dismissal on 7 May 2026. He then filed an unfair dismissal application on 13 May 2026, before discontinuing the general protections application on 25 May 2026. The Fair Work Commission advised the Applicant that he could not pursue both applications simultaneously, and needed to withdraw one and re-file the desired application. He failed to do so, and the Commission warned him that his unfair dismissal application might be dismissed. The Applicant did not comply with the Commission’s requests.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. The Commission found that the Applicant made the unfair dismissal application while his general protections application was still active, which is prohibited under section 725 of the Fair Work Act. The Commission referenced the case of *Ioannou v Northern Belting Services Pty Ltd*, which states that applicants should withdraw one application and re-file the preferred type. The application was dismissed under section 587(1)(a) because it was not made in accordance with the Act.
What it means for employers
Employers should be aware that employees can only pursue one application related to a dismissal. If an employee initially files a general protections application, they must withdraw it before filing an unfair dismissal application. This highlights the importance of understanding the Fair Work Act and its provisions regarding multiple applications.
What it means for employees
If you are considering both a general protections and an unfair dismissal application, you must withdraw the first application before filing the second. Failing to do so can result in your second application being dismissed. Seek legal advice to understand which application is most appropriate for your situation.
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