What is a general protections dismissal?
As an employee, you have a number of protected rights – these are known as your general protections.
If your employer takes adverse action against you for exercising one of these workplace rights (including dismissing you) – you will be eligible to make a general protections claim.
A general protections claim can result in higher compensation payments than unfair dismissal claims, and can also attract penalties against your employer which are uncapped.
What are protected workplace rights covered by general protections?
Your protected workplace rights include:
- making a complaint or an inquiry about your working conditions, like your pay, or the hours that you work
- making a complaint about sexual harassment or some form of discrimination
- a temporary absence from work because of an illness or injury
- trade union membership or non-membership
- participation in trade union activities
- being absent from work during maternity leave or other parental leave
- temporary absence from work to volunteer for emergency service activity
Your are also eligible to make a general protections dismissal claim if you are sacked because of a protected attribute.
For example, your:
- sexual orientation
- physical or mental disability
- marital status
- family or carer’s responsibilities
- political opinion
- national extraction or social origin.
How much compensation will you get?
You are eligible to receive a larger compensation payout if you win a general protections claim, (compared to an unfair dismissal claim), including damages for shock and distress.
In addition, your employer can be made to pay penalties which are uncapped.
How we will help you
Our specialist team will quickly assess your case and advise you of the following:
- the likelihood of success
- how much it will cost
- how long it will take
If we are able to take on your case, we will:
- handle all negotiations with your employer
- file all formal documentation with the Fair Work Commission, Industrial Relations Commission, or other relevant court or tribunal
- advocate for you in any mediation or conciliation conferences
- represent you at any formal hearings or court proceedings
- negotiate compensation payments on your behalf
Rest assured, our specialists have extensive experience in General Protections claims, and will work hard to achieve a successful outcome for you.
Our goal is to take the pressure and the stress off you, and help you achieve justice.
You only have 21 days to act
You have just 21 days from the date of your dismissal to file a claim, so don’t delay!
Please call our team of employment law specialists at Dismissals ‘R’ Us today on 1800 434 733.
We look forward to helping you.