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General Protections Lawyers — Adverse Action. Your Rights.
If you were dismissed or disadvantaged because you took sick leave, made a complaint, exercised a workplace right, or were associated with a union — you may have a general protections (adverse action) claim. Unlike unfair dismissal, there is no minimum employment period. The 21-day deadline still applies for dismissal claims. Act now.
⚠ General protections dismissal claims must be lodged within 21 days. Non-dismissal adverse action claims have a 6-year limitation period — but early advice is critical to preserve evidence. Get advice now.
What We Help With
General protections — adverse action in every form.
General protections under the Fair Work Act protect employees and prospective employees from a wide range of adverse employer action — not just dismissal. If you were penalised for exercising any workplace right, a claim may be available.
Dismissed for Taking Leave
Dismissed or targeted after taking personal/carer's leave, parental leave, or long service leave. Using a workplace entitlement is a protected workplace right — adverse action taken because of it is unlawful.
Dismissed for Making a Complaint
Terminated after raising a workplace health and safety concern, making a complaint to Fair Work, or escalating an internal grievance. Retaliation for exercising a complaint right is a textbook adverse action.
Union Membership or Activity
Disadvantaged because you are a union member, participated in lawful industrial action, or were involved in enterprise bargaining. The right to be represented by a union is protected under the Fair Work Act.
Non-Dismissal Adverse Action
Demoted, rostered off, denied a promotion, cut in hours, or otherwise disadvantaged — without being formally dismissed. These actions can constitute adverse action even where employment continues.
Sham Contracting
Reclassified as an independent contractor to avoid employee entitlements, or misrepresented that a contract is for services when it is actually employment. Sham contracting is unlawful under the Fair Work Act.
Coercion & Undue Pressure
Coerced or pressured to give up workplace rights — including pressure not to join a union, not to make a complaint, or to accept altered terms. Coercion claims are available independently of dismissal.
What the Law Says
General protections — the reversed burden of proof and why it matters.
General protections claims are governed by Part 3-1 of the Fair Work Act 2009 (Cth). The key feature that distinguishes them from unfair dismissal is where the burden of proof lies.
The reversed burden of proof — the employer must disprove it
If an employee establishes that adverse action was taken and that they had exercised (or proposed to exercise) a workplace right, a presumption arises that the adverse action was taken for that reason. The burden then shifts to the employer to prove the action was taken for a different reason. This is significantly more favourable than the standard civil burden — and is one of the key advantages of a general protections claim over unfair dismissal in the right circumstances.
No minimum employment period
Unlike unfair dismissal, general protections claims have no minimum employment period. An employee dismissed on their first day can bring a general protections claim if the dismissal was taken because they exercised a workplace right. This makes general protections the appropriate claim for employees who cannot meet the 6 or 12-month unfair dismissal threshold — including casual employees, probationary employees, and new starters.
Workplace rights — what is protected
A "workplace right" under the Fair Work Act includes: a right under a workplace law, award, or enterprise agreement; initiating or participating in a process or proceeding under a workplace law; making a complaint or inquiry to a body with the power to remedy the matter; and the right to be free from coercion in relation to workplace rights. The definition is broad — taking sick leave, applying for flexible work, requesting a pay stub, or contacting Fair Work are all workplace rights.
Remedies — uncapped compensation and penalties
Unlike unfair dismissal (capped at 26 weeks' pay), general protections remedies include reinstatement, uncapped compensation (including for hurt and distress in some circumstances), and civil penalty orders against the employer and individuals who directed the adverse action. Where the employer also had a discriminatory motive, awards can be substantial. The Federal Court and Federal Circuit and Family Court have jurisdiction over contested general protections matters.
Dismissal claims — 21 days, then Federal Court
A general protections claim involving dismissal must be lodged with the FWC within 21 days. The FWC then conducts a conciliation conference. If conciliation fails, the employee must apply to the Federal Circuit and Family Court (or Federal Court for serious matters) — unlike unfair dismissal, which is determined by the FWC itself. Court proceedings are more complex and expensive, making early settlement at conciliation desirable and achievable with proper legal preparation.
Which claim is right — unfair dismissal or general protections?
Both claims can arise from the same dismissal. An unfair dismissal claim asks whether the dismissal was harsh, unjust, or unreasonable in its process and substance. A general protections claim asks whether the reason for dismissal was unlawful — because of a protected attribute or workplace right. Both can be lodged simultaneously (subject to the 21-day limit). An employment lawyer advises on which claim is most likely to succeed and most likely to produce the better outcome in your specific circumstances.
How It Works
One request. The right employment lawyer.
Tell us what happened and when. An employment lawyer experienced in general protections will contact you for a free consultation — before the 21-day deadline if you have been dismissed.
Submit Your RequestDescribe the adverse action
Tell us what happened — dismissal, demotion, cut hours, complaint retaliation — what workplace right you had exercised, and the dates involved.
Matched to an employment lawyer
Your request is matched to a lawyer experienced in general protections claims — including FWC conciliation and Federal Court proceedings.
Free consultation arranged
An employment lawyer contacts you for a free consultation — advising on whether a general protections claim or unfair dismissal (or both) is the right path, and acting before any deadline.
Common Questions
General protections — frequently asked questions.
What is the difference between unfair dismissal and general protections?
Unfair dismissal asks whether the dismissal was harsh, unjust, or unreasonable in the process and outcome — and requires a minimum employment period. General protections asks whether the reason for the dismissal was unlawful — because you exercised a workplace right or had a protected attribute — and has no minimum employment period. The remedies are also different: general protections compensation is uncapped, unfair dismissal is capped at 26 weeks.
Can I claim general protections if I haven't been dismissed?
Yes — general protections apply to adverse action in all its forms, not just dismissal. If you were demoted, had your hours cut, were denied a promotion, or were otherwise disadvantaged because you exercised a workplace right, a non-dismissal adverse action claim may be available. These claims are not subject to the 21-day deadline — but preserving evidence early is important for any claim.
What evidence do I need for a general protections claim?
Key evidence includes: records of the workplace right exercised (leave records, complaint emails, WHS reports), communications from the employer before and after the exercise of the right, any performance management or disciplinary action taken in the period following, and witness evidence from colleagues. Preserving your work emails, payslips, and message history before leaving the employer is important — access to these records is often cut off immediately on dismissal.