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General Protections IR ClaimsHave you been sacked or punished for

  • Making a complaint about sexual harassment or some form of discrimination?
  • Taking time off work for being sick or injured?
  • Joining a union or engaging in union activity?
  • Taking a temporary absence to volunteer for emergency service work? Asking questions about your pay or working conditions? Taking maternity or other paternity leave?

What are general protections?

All Australians are protected by the Fair Work Act in certain aspects of employment – these are called your General Protections.

They allow you to exercise a number of workplace rights without having adverse action taken against you.

It is unlawful for your employer to take adverse action against you for exercising a workplace right, including dismissing you.


IF YOU HAVE BEEN DISMISSED FROM EMPLOYMENT

DO NOT DELAY!

THERE IS A STRICT

21-DAY TIME LIMIT

FOR GENERAL PROTECTIONS DISMISSAL CLAIMS

Call our team at Industrial Relations Claims TODAY on

1300 045 466


What are protected workplace rights?

Your workplace rights include:

  • making a complaint or inquiry about your working conditions
  • making a complaint about discrimination or sexual harassment
  • a temporary absence from work because of an illness or injury
  • trade union membership (or non-membership) and activity
  • temporary absence from work during maternity leave or other parental leave
  • temporary absence from work to volunteer for emergency service activity

What is adverse action?

IR Claims What Is Adverse ActionAdverse action can include:

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

Compensation

General Protections Compensation IR ClaimsYou can be eligible to receive a larger compensation pay out if you win a General Protections claim (compared with an unfair dismissal claim) including damages for shock and distress.

In addition, your employer can be made to pay penalties which are uncapped.

 


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LAST UPDATED: May 2022

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