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Unfair Dismissals | General Protections Dismissals | Unlawful Terminations




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What are General Protections?

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.

Australian workers are protected a number of workplace rights which are known as General Protections.

What are your protected workplace rights?

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:

  • 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.

What are adverse actions?

Adverse action can include:

  • changing your working conditions to your disadvantage (like reducing your hours or your number of shifts)
  • denying you a promotion or professional training
  • demoting you
  • forcing you to resign
  • sacking you

If you can prove that you were exercising a workplace right, or were planning to exercise a workplace right, when an adverse action was taken against you, then you might be eligible to make a General Protections claim.

How much compensation will you get?

You might be awarded a larger compensation pay out 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.

General Protections claims can result in higher compensation payouts than unfair dismissal claims.

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; and
  • how long it will take.

If we are able to take on your case, we will:

  • negotiate with your employer
  • file all documentation with the Fair Work Commission, Industrial Relations Commission, Federal Court or other relevant court or tribunal
  • advocate for you in any mediation or conciliation meetings
  • represent you at any formal hearings or court proceedings
  • negotiate compensation 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 file a General Protections claim if you have been dismissed from employment.

You only have 21-days to act

An important reminder – if you have been dismissed from employment, 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.

LAST UPDATED: January 2022

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