General Protections

Updated 25 September 2026

Colleagues in a tense discussion at a laptop

The Problems People Bring to Us

A general protections claim is about why the employer acted. The Fair Work Act 2009 (Cth) protects employees from adverse action, such as dismissal, demotion or being treated worse, because they exercised a workplace right or because of a protected attribute. The patterns we see most are:

Dismissed after complaining. You raised a concern about pay, safety, bullying or your conditions, and not long afterwards you were performance managed or let go.
Dismissed after sick leave or an injury. You took personal leave or were away injured, and your job was gone when you came back, or soon after.
Pregnancy, parental leave and caring responsibilities. Your role changed or disappeared around the time you told your employer you were pregnant, took parental leave or asked for flexible hours.
A health condition or disability, where the employer would not make adjustments and ended the employment instead.
Threats and pressure short of dismissal, such as a demotion, a cut in hours or a roster change after you exercised a right.

These claims are open to employees with short service, and to high earners, who cannot bring an unfair dismissal claim. Once you show the action was taken and that you had the right or attribute, the employer has to prove its reason was not the protected one (s 361).

How We Help, Stage by Stage

First Discussion

We ask about the timeline: what you did or disclosed, when, who knew, and what happened next. The link between those events is the claim. If you have been dismissed, the application must be lodged with the Fair Work Commission within 21 days of the dismissal taking effect (s 366(1)(a)).

What you get: a view on whether the facts support a general protections claim, an unfair dismissal claim, or both options to choose between, and the deadline.

Reviewing Your Documents

We gather the evidence of the reason: your complaint or request, medical certificates, leave records, emails before and after, and anything the decision-maker said or wrote.

What you get: a clear picture of how strong the link is, and what else would help.

Advice on Your Options

General protections claims can seek compensation for lost income and, unlike unfair dismissal, for hurt and distress. They can also be resolved in court if conciliation fails. We explain the paths, the risks and the likely timetable.

What you get: a recommendation on which claim to bring and how.

Negotiating

We put your claim to the employer, and negotiation continues throughout the process.

What you get: a lawyer handling every exchange with the employer and advising you on each offer.

The Commission and the Court

A dismissal claim goes first to a conference at the Fair Work Commission. We prepare the application setting out the workplace right or attribute and the adverse action, and represent you at the conference. If it does not resolve, the Commission issues a certificate, and we advise you on whether to go on to the Federal Circuit and Family Court or the Federal Court.

What you get: representation at conciliation and a clear decision point afterwards.

Settlement and the Deed

Most claims that resolve do so by a deed of settlement and release. We draft or review it and explain every clause.

What to Bring to the First Conversation

The date your employment ended, or the date of the action taken against you
The termination letter or other written notice, or your note of what you were told
The complaint, inquiry or request you made, and when (the email itself if it was in writing)
Leave applications and medical certificates from around that time
Anything said or written to you about the reason, especially by the person who made the decision
Your contract and recent payslips
A note of how this has affected you, including any treatment you have sought

How We Have Helped

An employee raised safety concerns with their employer more than once. Not long after, they were dismissed. We lodged a general protections claim setting out the complaints and the timing, and represented them at the Fair Work Commission conference. The claim was resolved by agreement.

An employee took personal leave for a medical condition, supported by certificates. Shortly after returning, they were told their employment was ending. We brought a general protections claim on the basis that the absence was the real reason, and negotiated a resolution recorded in a deed.

Every matter is different. These examples are general and do not indicate the outcome of any other matter.

Talk to Us

If you think you were dismissed because of something you did or something about you, call us straight away. Call (08) 9470 2777 or contact us online for a free and confidential initial discussion about whether you can lodge a general protections claim.