Can you make both claims?
You generally cannot make both applications about the same dismissal. The Fair Work Act restricts multiple applications. Choosing wrong is expensive.
Here is the comparison nobody in this industry wants to publish.
| Unfair dismissal | General protections (dismissal) | |
|---|---|---|
| The question | Was the dismissal harsh, unjust or unreasonable? | Was the dismissal because of a protected reason? |
| Time limit | 21 days | 21 days |
| Minimum employment period | 6 months, or 12 for small business | None |
| High income threshold | Applies unless award or agreement covers you | Does not apply |
| Who proves what | You prove unfairness | Employer must disprove the reason |
| Compensation cap | Lesser of 26 weeks or $95,050 | None |
| Hurt and distress | Excluded | Available |
| Civil penalties | No | Yes |
| If it does not settle | Arbitrated by the Commission | Certificate, then Federal Circuit and Family Court |
| Representative at conference | Permission not required for staff conferences | Permission required |
| Paid agent in court | N/A | Not permitted |
| Costs risk if you lose | Limited | Higher in court |
The trap
General protections looks better on paper. No minimum employment period. No income threshold. No compensation cap. Reverse onus.
So people who are locked out of unfair dismissal get pointed at general protections instead.
The Commission has noticed. In its review of general protections processes, it observed that over half of general protections dismissal applications are made by applicants who do not meet the qualifying period for an unfair dismissal application, and it drew the inference that many of these are being used as a substitute for unfair dismissal rather than raising a genuine allegation of unlawful dismissal.
A general protections claim needs a protected reason. Not just an unfair outcome. If you were dismissed after four months and the dismissal was harsh but had nothing to do with a workplace right, a protected attribute, or industrial activity, you may simply have no claim. Filing anyway wastes your 21 days and your money.
We will not file a general protections application for you merely because you are outside the unfair dismissal qualifying period. If there is no protected reason, we will tell you.
The other trap
General protections has no compensation cap, and its median settlement is smaller than most people expect. Around 61% of monetary settlements in 2024-25 were under $10,000. The absence of a cap does not mean the presence of a windfall.
How to choose
Ask one question: can you point to a protected reason, and can you connect it to the dismissal in time and substance?
If yes, general protections may be stronger.
If no, and you meet the eligibility rules, unfair dismissal is your claim.
If you are unsure, call us and we will work through it with you before anything is lodged.