Log in or become a subscriber

A general protections application lodged on the basis of a "future" right to claim unfair dismissal is an important one to watch, a workplace lawyer says.

The matter, which HR Daily has reported in detail here, involves a CEO who was sacked about seven hours before the end of his minimum employment period (in this case, 12 months, but for medium and large employers, the period is six months).

The CEO argued the employer breached the Fair Work Act's general protections provisions because its decision was specifically aimed to prevent him from exercising a future right, and the Federal Court accepted he had made out a prima facie case, ordering interim reinstatement until his substantive claim could be heard.

According to Henry William Lawyers partner Renee Kasbarian, lodging a general protections claim based on a future workplace right to claim unfair dismissal is "a really interesting argument"...