Eligibility Questionnaire 1Step 1: Questionnaire2Step 2: Build evidence3Employee details This free claim check will identify if you are eligible to make an unfair dismissal, general protections , stop sexual harassment or workplace bullying application. You can save and return to it at any time. To get started we need your email address. Enter your email address* Are you an employee?*If you are an employee your employer will usually: determine how, when and where you perform your work; be responsible for your work and supply the tools and equipment you need; and provide leave entitlements, pay you wages or salary, pay superannuation and deduct payroll tax, if this describes you answer yes, if not you may be an independent contractor and should answer no. If you are not sure, select no. Yes No Was your employer a private business or the federal government?If you are not sure, select no. Yes No Have you been dismissed?You have been dismissed if your employer has terminated your employment or you resigned but were forced to because of conduct by your employer. Demotion will also amount to dismissal if the demotion involves a significant reduction in remuneration or duties. Answer yes if your employer has made you redundant. Answer yes if you are still working for your employer but you have been given notice of termination of employment. If you are not sure, select no. Yes No How were you dismissed?My employer dismissed me (includes redundancy and where you have been given notice but are still working);I was forced to resign because of conduct by my employer;My employer demoted meWere you dismissed in the last 21 calendar days? Yes No The commission may extend the time period for lodgment if it is satisfied that there were exceptional circumstances for not lodging within 21 days of the dismissal. If you are late filing because you did not know about the 21 day timeframe an extension will not be granted, ignorance of the law is not a defence. However, if any of the following apply an extension might be granted:I have been diagnosed with a physical or psychological illness or injury that has prevented me from commencing my application [upload medical evidence to attach to the form] The date of dismissal was not clearly communicated to me, I was not clear on when the dismissal was effective I instructed a representative to assist me with the application and they made an error that caused this delay I tried to lodge this application in time but had technical issues [upload any evidence e.g. a screen shot of any error message] [user to insert exceptional circumstances and upload evidence] Does any of the following mentioned above apply to you? Yes No Did you employer have 15 or more employees at the time of your dismissal (excluding casuals who are not engaged on a regular and systematic basis, including employees of associated entities)?* Yes No Have you been employed for at least 6 months? Yes No Have you been employed for at least 12 months? Yes No Were you a casual employee?If you are not sure, select no. Yes No Were you engaged on a regular basis and did you expect your employment to continue? Yes No Does an award or enterprise agreement cover your employment? Yes No Not sure Do you earn less than $158,500 per annum (excluding compulsory superannuation contributions, commission and other separately identifiable amounts)? Yes No Was your job made redundant? Yes No Is your job still required to be performed by anyone? Yes No Did your employer consult with you about the redundancy? Yes No Did your employer attempt to redeploy/move you to another job with it or any associated entity? Yes No Did your employer or principal take adverse action against you because you have a workplace right? Yes No There must be a link between your workplace right and the adverse action you say your employer/ principal has taken against you. Some examples of workplace rights include: the right to have an award or enterprise agreement apply to you; the right to leave entitlements such as personal/carer’s leave; your parental leave and associated rights e.g. the right to return to your pre-parental leave position and to be consulted about any changes to your pre-parental leave position; the right to perform a representative function for example as a grievance officer or health and safety officer; the right to request flexible working arrangements; the right to participate in proceedings before the Fair Work Commission; the right to make a complaint or enquiry in relation to your employment e.g. checking your pay is correct; and the right to make a complaint or enquiry to the Fair Work Ombudsman or the work, health and safety regulator. Some examples of adverse action include: dismissal including forced resignation or demotion; not providing entitlements; treating you differently to others; refusing to hire you. What workplace right applies?Please Choose oneThe right to have an award or enterprise agreement apply to youThe right to leave entitlements such as personal/carer’s leave;Your parental leave and associated rights e.g. the right to return to your pre-parental leave position and to be consulted about any changes to your pre-parental leave position;The right to perform a representative function for example as a grievance officer or health and safety officer;The right to request flexible working arrangements;The right to participate in proceedings before the Fair Work Commission;The right to make a complaint or enquiry in relation to your employment e.g. checking your pay is correct;The right to make a complaint or enquiry to the Fair Work Ombudsman or the work, health and safety regulator;OtherWhat adverse action did your employer or principal take:Dismissal including forced resignation or demotionNot providing entitlementsTreating you differently to othersRefusing to hire youOtherDid your employer discriminate against you because of your race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin? Yes No On what basis do you say your employer discriminated against you:*Select OptionRaceColourSexSexual OrientationAgePhysical or Mental DisabilityMarital StatusFamily or Carer's ResponsibilitiesPregnancyReligionPolitical OpinionNational ExtractionSocial OriginDid your employer dismiss you because you were absent from work because of illness or injury? Yes No Are you experiencing bullying or sexual harassment at work? Bullying Sexual Harassment No A worker is bullied at work if: an individual or group repeatedly behaves unreasonably towards the worker; and that behaviour creates a risk to health and safety; and the behaviour is continuing. Reasonable management action is not workplace bullying if it is carried out in a reasonable way, for example, implementing a performance management plan to improve workplace performance. A worker is sexually harassed at work if one or more individuals sexually harasses the worker. An individual sexually harasses another person if: the individual makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or engages in other unwelcome conduct of a sexual nature in relation to the person harassed; in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated. Are you experiencing bullying or sexual harassment at work? Bullying Sexual Harassment No A worker is bullied at work if: an individual or group repeatedly behaves unreasonably towards the worker; and that behaviour creates a risk to health and safety; and the behaviour is continuing. Reasonable management action is not workplace bullying if it is carried out in a reasonable way, for example, implementing a performance management plan to improve workplace performance. A worker is sexually harassed at work if one or more individuals sexually harasses the worker. An individual sexually harasses another person if: the individual makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or engages in other unwelcome conduct of a sexual nature in relation to the person harassed; in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated. Did your absence for illness or injury extend for more than 3 months or more than 3 months collectively over a 12 month period? Yes No You'll need to submit your enquiry to a lawyer, as your options as a contractor are significantly different.You'll need to submit your enquiry to a lawyer, as you have significantly different options if you are not covered by the National Employment Standards. Please describe your enquiry in more detail so we can better understand your claim and provide an obligation-free quote. You'll need to submit your enquiry to a lawyer, as submitting an application late can be subject to jurisdictional objections and get very complicated! You'll need to submit your enquiry to a lawyer, as there is not a clear option suited to you. Attach any relevant documents Drop files here or Select files Max. file size: 64 MB. Based on the answers you have given, you may be able to make an application for an order to stop the bullying and/or sexual harassment. To prove your claim we need to build your case with evidence, let's start step 2 together.Based on the answers you have given, you may have an unfair dismissal claim. To prove your claim we need to build your case with evidence, let's start step 2 together.Based on the answers you have given, you may have a general protections claim. To prove your claim we need to build your case with evidence, let's start step 2 together. General Protections ClaimOn what date/s did your employer or principal take adverse action against you?(DDMMYYYY) Describe the actions of your employer that you believe are unlawful*Upload any evidence of the adverse action such as notes, emails or letters Drop files here or Select files Max. file size: 32 MB. On what date/s did your employer discriminate against you?*(DDMMYYYY) Describe the actions of your employer that you believe are unlawful*Please upload any evidence of the discrimination such as notes, emails or letters Drop files here or Select files Max. file size: 32 MB. Insert the start and end date for each absence for illness or injury in the past 12 months*Start date (DDMMYYYY)End date (DDMMYYYY) Please upload all relevant medical certificates or statutory declarations Drop files here or Select files Max. file size: 32 MB. Upload all relevant correspondence with your employer about your medical status, assessments or capability statements Drop files here or Select files Max. file size: 32 MB. What date did you begin working for the employer or principal? (DDMMYYYY) Upload your employment contract or independent contractor agreement and any variations to it Drop files here or Select files Max. file size: 32 MB. Upload your last two payslips including your termination payslip Drop files here or Select files Max. file size: 64 MB. Upload any relevant enterprise or industrial agreements applicable to you Drop files here or Select files Max. file size: 64 MB. On what date were you given notice of your dismissal? (DDMMYYY) Please upload the notice of dismissal letter Drop files here or Select files Max. file size: 32 MB. What date did your dismissal take effect? (DDMMYYYY) Please note: your claim must be filed within 21 calendar days of dismissal.What remedy do you want? I want my job back with continuity of service and lost wages from the date of my dismissal I want compensation I want the adverse action/discrimination to stop Have you made any other claims or applications related to your employment? (e.g. unfair dismissal, discrimination claims)Upload any relevant documents Drop files here or Select files Max. file size: 32 MB. BullyingInsert the start date of the bullying conduct and outline the bullying behaviour including who, when and how the bullying has occurred*If you are making a stop bullying application - has your employer taken any action in respect of your employment?Insert details of any disciplinary action taken in respect of your employment such as warnings, performance managementFileMax. file size: 64 MB.Have you raised your complaint with your employer?* Yes No Describe how your complaint has been dealt with to date*Upload copies of any notice of disciplinary action or performance management plans Drop files here or Select files Max. file size: 32 MB. How does the alleged behaviour create a risk to work health and safety? (including your mental health).*Have you raised the complaint with any other authorities? (work health and safety authorities, the police) If yes, describe the nature of the complaint/s.Upload all relevant copies of complaints made to outside authorities.Max. file size: 64 MB.What is your current position in regards to work? Are you still working? Are you still required to interact with the relevant parties? Are you on workers compensation leave/personal carer’s leave? Upload all relevant documentation, as to your work status.Max. file size: 64 MB.What remedy do you want?Compensation is not payable in relation to a stop bullying order. But the Fair Work Commission can make orders to help stop the behaviour. What would need to happen for the behaviour to stop?Sexual HarassmentStart date of the sexual harassment DD slash MM slash YYYY Outline the behaviour including who, when and how the behaviour occurred.Include the employer details of any persons involved in the conduct who may work for another employer (for example, a contractor on the same worksite)Have you raised your complaint with your employer? Yes No Describe how it had been dealt with to dateUpload any relevant policies of your employer/principal regarding sexual harassment and complaint handling, and copies of any written complaintsMax. file size: 64 MB.Have you raised the complaint with any other authorities? (work health and safety authorities, the police)? Yes No If yes, describe the nature of the complaint/s.Upload all relevant copies of complaints made to outside authorities.Max. file size: 64 MB.What is your current position in regards to work? Are you still working? Are you still required to interact with the relevant parties? Are you on workers compensation leave/personal carer’s leave? Upload all relevant documentation, as to your work status.Max. file size: 64 MB.What remedy do you want?Compensation is not payable in relation to a stop sexual harassment order. But the Fair Work Commission can make orders to help stop the behaviour. What would need to happen for the behaviour to stop?Unfair Dismissal ClaimWhat were the reasons for the dismissal, if any, given by your employer?*Only include the reason given in the dismissal meeting or the letter of dismissal. If you were made redundant insert redundancy, if you were forced to resign insert forced resignation. If you weren’t given a reason insert not provided with a reasonWhy do you believe the dismissal was unfair?* My dismissal was not a case of genuine redundancy – the job I am doing is still required to be performed My dismissal was not a case of genuine redundancy – I was not consulted about the changes to my job My dismissal was not a case of genuine redundancy – I was not offered available redeployment opportunities I was forced to resign due to conduct of my employer There was no valid reason for my dismissal I have the capacity to do the job required by my employer I was not notified of the reason for my dismissal I was not given an opportunity to respond to the reason for my dismissal before the decision was made I was not permitted to have a support person I had no prior warnings My employer is not a small business and has human resources support, this should not have happened Other employees have engaged in the same conduct and have not been dismissed I am the sole/main earner It is likely to take me a long time to find other employment I have an unblemished employment record I was dismissed without notice or payment in lieu of notice Add any additional reasons you think the dismissal was unfairWhat date did you begin working for the employer or principal? (DDMMYYYY)* DD slash MM slash YYYY Upload your employment contract or independent contractor agreement and any variations to it Drop files here or Select files Max. file size: 32 MB. Upload your last two payslips including your termination payslip Drop files here or Select files Max. file size: 64 MB. Upload any relevant enterprise or industrial agreements applicable to you Drop files here or Select files Max. file size: 64 MB. On what date were you given notice of your dismissal? (DDMMYYY)* DD slash MM slash YYYY Upload the notice of dismissal letter Upload the notice of dismissal letterMax. file size: 64 MB.What date did your dismissal take effect? (DDMMYYYY)*Claim must be filed within 21 calendar days of the dismissal MM slash DD slash YYYY What remedy do you want? I want my job back with continuity of service and lost wages from the date of my dismissal I want compensation Have you made any other claims or applications related to your employment? (e.g. general protections, discrimination claims)Upload any relevant documentsMax. file size: 64 MB.There are no evidence to buildPlease proceed to next step Now you can submit your claim to a lawyer to assess. Please give us as many details as possible, it will help us with our assessment. We will typically be in touch within one business day with a quote for a consult. The quote is obligation free.Title*MsMrsMissMrDrProfFirst name(s)* Surname* Postal address* Street Address Suburb State Post Code Best contact number*Age* Name of your employer* ABN of your employer* Base salary (excluding superannuation, commissions and other separately identifiable amounts) Full salary (includes superannuation, commission, bonus, car allowance and any other separately identifiable amounts) Pronounse.g., she/her, he/him, they/them Terms* By submitting this form you agree to Resolution 123's privacy policy, accept that the information provided by Resolution 123 is not legal advice and is not a substitute for legal advice and join Resolution123 mailing list CAPTCHAPhoneThis field is for validation purposes and should be left unchanged. Δ