Orientation
Parallel pathways
A single workplace event can raise several legal questions. This map is a screening tool, not a conclusion that every pathway applies.
Training material only — not legal advice. The applicable source may be legislation, an award, enterprise agreement, contract, policy, evidence or case-specific advice.
Unfair dismissalEligibility, dismissal, s.387 merits and remedy.General protectionsWorkplace rights, protected activity, adverse action and reverse onus.Capacity and disabilityInherent requirements, medical evidence, adjustment and discrimination risk.WHS and psychosocial riskImmediate controls, consultation, incident evidence and the separate disciplinary question.Industrial instruments and contractProcedures, standards, consultation and contractual limits.Fitness for workTesting authority, impairment, policy, privacy and medical context.Bullying and harassmentComplaint, positive-duty, discrimination, WHS and disciplinary pathways.Leave and attendanceProtected absence, workers compensation, incapacity, absenteeism and abandonment.Protected expressionWorkplace rights, industrial activity, political opinion, privacy and connection to work.Notice and summary dismissalNotice, serious misconduct and the source of any summary-dismissal power.Commission processJurisdiction, representation, conciliation, remedy and costs.Evidence and recordsPreservation, authenticity, access, chronology and what the decision-maker actually knew.
Use the map without turning it into a checklist
The point is not to complete every box. It is to avoid treating an issue as a simple conduct or performance matter when the facts may engage another source or protection.
- Identify the obvious pathway.
- Ask what fact would activate a second pathway.
- Check the source that governs that pathway.
- Keep unresolved pathways visible while the facts are tested.