MKI Legal is a specialist employment law firm with a significant amount of experience assisting employees with general protections claims.
If you have been dismissed from your employment, there is a strict 21-day time limit in which to commence your claim.
How can General Protections protect me?
The general protections provisions in the Fair Work Act apply to employees, prospective employees, independent contractors, and prospective independent contractors.
The general protections provisions prevent a person taking ‘adverse action’ against another person. The term ‘adverse action’ is very broad, and includes dismissing a person, treating them differently to others, and not hiring them.
What is an adverse action?
A person must not take ‘adverse action’ against another person due to any of the following:
- The person exercised a ‘workplace right’. The term ‘workplace right’ is broad, and includes making any complaint or inquiry about one’s employment such as for example making a safety complaint, making a complaint regarding work conditions, asking for a pay raise, or exercising a right such as taking annual leave.
- The person engaged in union activities.
- Anything related to discriminatory grounds, which include the person’s race, gender, sexual orientation, age, religion etc.
- An employee’s temporary absence from work because of an illness or injury.
What is the difference between General Protections and Unfair Dismissal?
Some employees have the option of making an unfair dismissal complaint or a general protections complaint. It is important to get correct advice about which claim to file as you cannot file both.
Generally speaking, in most cases, it is better for any employee to file a general protections claim, as there is:
- no limit to the compensation that the employee can receive;
- no mandatory minimum period of employment needed to commence a claim; and
- no maximum salary cap a person has to fall under;
What is the process for General Protections complaints?
We find that approximately 90% of the general protections complaints we lodge on behalf of our clients settle with the employee being better off financially as a result.
All clients must undergo compulsory mediation. This is where around 90% of our claims get settled without proceeding to any trial.
Contact our expert employment law team to discuss how we can assist you.