Application in relation to dismissal from employment in contravention of a general protection
34.03 Application in relation to dismissal from employment in contravention of a general protection
A person who wants to make an application for an order in relation to an allegation that an employee was dismissed in contravention of a general protection mentioned in Part 3‑1 of the Fair Work Act must file an originating application, in accordance with Form 79.
The application must include any other claim for relief that the applicant wants to make in addition to the claim mentioned in subrule (1).
Rule 34.05 provides for an application for an order in relation to a contravention of section 351(1) of the Fair Work Act.
The application must be accompanied by a certificate issued by the Fair Work Commission under the Fair Work Act that the Fair Work Commission is satisfied that all reasonable attempts to resolve the dispute have been, or are likely to be, unsuccessful.
Sections 545 and 546 of the Fair Work Act set out the orders the Court may make.
Subrule (3) does not apply to an application brought by a Fair Work Inspector.
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