The Unfair Dismissal Advocacy Scheme was created in July 2011 in order to increase community access to legal services for employment law matters. The Scheme assists low-income workers who may have been unfairly dismissed by providing them advice and assistance in making an unfair dismissal claim to the Fair Work Commission. Representation in unfair dismissal claims up to and including a conciliation conference may also be provided. The conciliation conference has achieved a variety of positive outcomes for low-income workers, including payments of compensation and statements of service to assist them in finding new employment.
A recent survey of people who received advice and assistance through the Scheme demonstrates the positive impact on individual’s lives and communities. Participants surveyed said that the payments received through the conciliation process helped them manage financially during the period following dismissal, without falling into debt or defaulting on loans.
Survey respondents said that the opportunity to discuss their experience of being dismissed with their employer assisted them in recovering personally from the shock, humiliation and loss of self esteem associated with their job loss. As one respondent noted, “It wasn’t about the money – it was about being heard, because what they did was so wrong.”
The Scheme will be expanded in 2014 to provide advice and assistance to people making general protections claims under the Fair Work Act 2009 (Cth) to the Fair Work Commission. A “general protections” claim can be made by an employee whose employer has taken an “adverse action” against them because the employee has exercised a “workplace right”. An “adverse action” could be dismissal, a refusal to provide the employee with their legal entitlements, or changing the employee’s job conditions in a way that is disadvantageous to the employee. A “workplace right” includes an entitlement under a workplace law or award (such as leave), and being involved in proceedings under workplace laws (such as court action or making an enquiry or complaint about one’s employment). The general protections provisions of the Fair Work Act also protect employees against adverse action on the basis of their involvement in industrial activity and discrimination for reasons including age, sex, race, disability and carer’s responsibilities.
RLC looks forward to increasing people’s access to advice and assistance in relation to general protections claims through the Unfair Dismissal Advocacy Scheme. We are extremely grateful for the ongoing support and assistance of Clayton Utz in the Scheme, without which this service to the community would not be possible.
RLC would also like to thank social work placement student Harrison Cavanagh for his work in surveying those who have been assisted through the Scheme this year.
