General Protections Claims (also known as general protections applications) are a serious legal matter for Australian employers.
While they’re often less talked about than unfair dismissal claims, General Protections Claims carry significant financial and reputational risk, and they can arise even when a business believes it has acted fairly.
At IR Advocates, we help employers defend against General Protections Claims. But prevention is always better than a cure. That’s why we’ve outlined five essential tips to help businesses reduce the risk of facing a General Protection Claims.
First, What Is a General Protections Claim?
A General Protections Claim arises when an employee (or prospective employee) believes that they have suffered adverse action because of:
- their workplace rights (e.g., requesting leave, lodging a complaint)
- discrimination (e.g., age, gender, race, religion)
- temporary absence due to illness or injury
- participation in industrial activities (e.g., joining a union)
- Choice to be engaged as a contractor instead of an employee
Unlike unfair dismissal claims, General Protections Claims can be filed even if the employee is still employed.
If an employee makes an allegation that their general protections have been breached, the employer has the burden of disproving the allegation (that is, the employer is guilty until proven innocent)! That makes compliance and documentation all the more important.
Find more info here: https://iradvocates.com.au/general-protections-claim-information/
1. Document Everything – Fairly and Accurately
Poor or missing documentation is one of the most common pitfalls for employers facing a General Protections Claim. To protect your business:
- Keep written records of all warnings, performance discussions, and complaints.
- Use clear, objective language in all internal communication.
- Ensure decisions, particularly around discipline, demotion, or termination, are evidence-based.
When documentation is thorough, it’s much easier to demonstrate a legitimate, lawful reason for your actions.
2. Avoid Knee-Jerk Reactions After Complaints or Requests
If an employee has recently exercised a workplace right, such as filing a grievance, requesting flexible work arrangements, or taking leave, be extra cautious in your decision-making.
Even if a disciplinary action or termination is justified, the timing of your response could create the perception of retaliation. Always:
- Pause before taking action immediately after a complaint or request.
- Seek legal or HR advice to confirm your process is defensible.
- Maintain a calm, professional tone in all interactions.
3. Train Managers on Their Legal Obligations
Many General Protections Claims stem from situations where frontline managers are unaware of their legal obligations to their workers. A frustrated comment, a poorly timed email, or an off-the-cuff dismissal can all lead to claims.
Prevent this by:
- Running regular training sessions on anti-discrimination, workplace rights, and procedural fairness.
- Equipping managers with scripts or templates for sensitive conversations.
- Encouraging an open-door policy where managers can escalate potential issues to HR before acting.
4. Take All Complaints Seriously
Ignoring or mishandling a complaint can trigger a General Protections Claim even if you believe it is unfounded or trivial.
Instead:
- Acknowledge receipt of the complaint quickly and formally.
- Follow up with an impartial investigation process.
- Keep the employee informed about progress and outcomes.
By showing that your business takes workplace rights seriously, you’ll foster a culture of transparency and reduce legal risk.
5. Seek Early Advice from Workplace Relations Experts
If you’re unsure whether a decision could put you at risk of a General Protections Claim, don’t guess. A 15-minute conversation with a workplace relations consultant can save you months of litigation and thousands in legal fees.
At IR Advocates, we help businesses assess potential risks, develop compliant HR strategies, and protect against workplace claims, including General Protections.
Whether it’s reviewing your performance management process or helping you respond to an internal complaint, we are here to guide you through it.
Final Thoughts
General Protections Claims are complex and carry heavy consequences—but with the right systems, advice, and leadership, they are also largely preventable.
If you need help developing a compliance framework or addressing a sensitive workplace issue, contact IR Advocates for expert advice. We support employers in creating fair, compliant, and productive workplaces.
