General Protections

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.

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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