What is a general protections claim?
If adverse action (including dismissal) has been taken against you for a prohibited reason, you may be eligible to make a general protections claim in the Fair Work Commission.
General Protections
Prohibited reasons include 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. It also includes you exercising, or proposing to exercise, a workplace right, including your right to make a complaint or inquiry in relation to your employment.
How do I make a claim?
The general protections process involves filing an application in the Fair Work Commission. If you have been dismissed, the application must be filed within 21 days of the dismissal. The Fair Work Commission convenes a conference between the parties to provide them with an opportunity to settle the dispute. If the parties can’t settle the dispute, the Commission issues a certificate and the claim can then be pursued in the Federal Circuit Court of Australia or the Federal Court of Australia.
The lawyers at Jewell Hancock Employment Lawyers have brought hundreds of successful general protections claims over the last ten years. We can assist you at every stage of the process, from preparing the application in the Fair Work Commission all the way through to a final hearing.
If you have been dismissed within the last 21 days for a prohibited reason, you may qualify for a free 30 minute consultation as well as our no-win no-fee service.
Contact us today to arrange a no-obligation confidential discussion with one of our experienced lawyers.
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Frequently asked questions
The laws apply to most employees and prospective employees. Some of the general protections laws also apply to independent contractors.
Adverse action includes things like dismissal, demotion, warnings, performance improvement plans and a reduction in hours or shifts.
Employers cannot take adverse action against an employee for a reason that is against the law (a prohibited reason). This can include taking action against you:
- because you exercised workplace rights (e.g. made a complaint or inquiry)
- because of your age, sex, disability or another discriminatory reason
- because you took sick, annual or any another form of leave
If the bullying or discrimination is based on a protected attribute (like your age, race, sex, disability, family responsibilities or religion), or if it’s linked to you exercising a workplace right, the general protections provisions may apply.
There are two types of general protection applications depending on whether you have been dismissed. A general protections non-dismissal application can be made about a dispute or incident not relating to a dismissal under general protections laws. This can be made up to six years after the adverse action was taken.
The Fair Work Commission will notify the employer when an application is made but can only deal with the dispute if both parties agree.
