- Call us: 1800 565 975
- info@fairworkplacesolutions.com.au
- 308/20A Lexington Dr, Bella Vista NSW 2153
General protections are a set of rights under Australia’s Fair Work Act 2009 that shield employees from “adverse action” (like dismissal, demotion, or other detrimental treatment) for exercising a workplace right (like making a complaint or taking leave). These protections apply whether you’ve been dismissed or are still employed but facing adverse action.
Your time limit depends on whether dismissal is involved:
If you are outside the 21-day limit (dismissal): Your options are severely limited, but exceptional circumstances may apply in rare cases under section 366(2). You must seek urgent legal advice immediately to explore whether an extension might be possible. Extensions are rarely granted and only in extraordinary circumstances.
If you are inside the time limits: For dismissal claims, you must act immediately. Everyday counts, and delays could jeopardise your ability to claim. For non-dismissal claims, while you have more time, prompt action strengthens your case.
Choose a General Protections Claim (Part 3-1 of the Fair Work Act) if you were dismissed or faced adverse action for a discriminatory reason or for exercising a workplace right. Choose an Unfair Dismissal Claim (Part 3-2 of the Fair Work Act) if the process of your dismissal was harsh, unjust, or unreasonable. The reason for the action is the key difference.
| Feature | General Protections | Unfair Dismissal |
|---|---|---|
| Focus | The prohibited reason for the adverse action (the "why") | The fairness of the dismissal process (the "how") |
| Who Can Claim? | All employees (including casuals and contractors in some cases). No minimum service required | Employees covered by an award/agreement or under the income threshold. Requires minimum 6-12 months service |
| Compensation Cap | Uncapped. Can include damages for hurt and humiliation | Capped at 6 months' pay or half the high-income threshold |
| Burden of Proof | Reverse onus - the employer must prove the action was not for a prohibited reason | The employee must prove the dismissal was harsh, unjust, or unreasonable |
| Time Limit | 21 days (dismissal) / 6 years (non-dismissal) | 21 days |
| Court Options | Can proceed to Federal Court | Limited to Fair Work Commission |
General Protections is best for you if:
Unfair Dismissal is best for you if:
Adverse action is defined in section 342 of the Fair Work Act as any negative action taken by an employer against an employee for exercising a workplace right. While dismissal is the most severe, it includes many other actions affecting current employees.
Ask yourself: “Can I draw a clear line between an action on the ‘Workplace Rights’ list and a consequence on the ‘Adverse Action’ list?”
If you can show: “I did X (workplace right) and then Y happened to me (adverse action)” – you may have a strong general protections claim.
Compensation for general protections claims is uncapped and assessed based on financial loss (lost wages) and non-financial loss (hurt and humiliation), as outlined in section 545 of the Fair Work Act. While every case is different, settlements often range from a few weeks’ to over a year’s salary, depending on the severity of the case.
According to the Fair Work Commission Annual Report 2022-23, the median settlement amount in conciliation was approximately $8,000, but Federal Court awards can be significantly higher.
Use the Fair Work Ombudsman Pay Calculator to verify your weekly pay calculations.
Structure your story clearly following section 368 requirements:
Once lodged, the Fair Work Commission will schedule a conciliation conference within 4-6 weeks. This is a mediation where you and your employer (current or former) will try to reach a settlement.
According to FWC statistics, approximately 80% of matters settle at conciliation.
It is highly recommended to seek legal representation before this stage. Here at Fair Workplace Solutions, we have employment lawyers who specialise in General Protections, give us a call today and we will be glad to help.
The majority of our services are fixed fee with no hidden costs including consultations, contracts and some claims.
We charge on an hourly basis depends on the situation and upon your approval.
We offer a retainer option for business owners who want ongoing services with no lock in contract. This gives you peace of mind that an employment lawyer is on-call and ready to assist you whenever you need it. It will also reduce the administrative burden of bulk legal services billing.
1800 565 975
in**@************************om.au
Unit 308/20A Lexington Dr, Bella Vista NSW 2153
We can take out of hours calls upon request.
Monday – Friday
09:00 am – 05:00 pm
Saturday & Sunday
By Appointment
