Know Your Rights. Understand the Process. Take Informed Action.
At IR Advocates, we understand that standing up for your rights in the workplace can feel overwhelming.
If you believe you have experienced adverse action in the workplace in connection with a workplace right, you may be eligible to lodge a General Protections Claim under the Fair Work Act 2009 (Cth).
This page is designed to help you understand general protections, who can make a claim, and what steps to take if you believe your rights have been breached.
This page is designed to help you understand general protections, who can make a claim, and what steps to take if you believe your rights have been violated.
What Are General Protections?
General protections are designed to:
- Safeguard workplace rights
- Protect employees from adverse action (such as dismissal or demotion)
- Prevent discrimination and coercion in the workplace
- Ensure freedom of association
- Protect you from sham contracting and conditions which lessen your employment security
These laws apply before and during employment.
What is Adverse Action?
Some practical examples of adverse action include:
- Dismissal or threats of dismissal
- Demotion or loss of hours
- Refusing to hire or promote
- Imposing conditions or sanctions on employment
Suppose you’ve suffered any of these outcomes because you raised concerns, lodged a complaint, took personal leave, or participated in industrial activity. In that case, you may have grounds for a General Protections Claim.
Who Can Lodge a Claim?
You may be eligible to lodge a General Protections Claim if you are:
- A current or former employee
- A prospective employee who was discriminated against during the recruitment process
- An independent contractor in specific contexts
Claims can be lodged by a worker or their representative.
Key Timeframes to Keep in Mind
If your claim relates to dismissal, strict time limits apply. You must lodge your claim within 21 days of the effective date of dismissal. It’s critical to seek advice as early as possible to avoid missing this deadline.
How IR Advocates Can Help
Our team of experienced workplace relations professionals can:
- Assess the merits of your potential claim
- Assist in preparing and lodging your application with the Fair Work Commission.
- Represent you in conciliation and arbitration hearings.
- Negotiate outcomes such as reinstatement and other non-financial remedies, and compensation.
We are committed to helping employees navigate their legal options clearly and confidently.
Not Sure if You Have a Claim?
Many people are unsure whether their situation qualifies as a general protection matter. We offer a confidential, obligation-free consultation to help you understand your rights and potential next steps.
Take Action Today
If you believe you’ve been mistreated at work, don’t delay. Contact IR Advocates to discuss your situation and receive expert guidance on the appropriate action.Other resources