A general protections claim is governed by The Fair Work Act. This act contains numerous stipulations to protect national employees and employers. Furthermore, it also enshrines protections to independent contractors, principals and other certain persons and organisations. Rubix Legal is here to help stand with you and ensure these provisions are followed; if they are not to help you work through the legal system to get the outcome you are entitled to.
Our team has experience with the various kinds of general protections. The most common type of general protections claim involves dismissal but claims can also broadly relate to:
General protection claims are frequently filed instead of unfair dismissal claims because the circumstances that can amount to adverse action (and therefore unlawful action) are much broader than those that amount to an unfair dismissal. Due to their complexity and the high probability of errors occurring, our team strongly advises seeking legal advice before entering a claim. We will work alongside you to provide you with representation that takes advantage of our expertise while ensuring that you understand what is happening and why.
We provide affordable and exceptional legal services to make sure your fair work general protections are upheld. If you believe you have a claim you can contact us here for assistance or call 07 3726 5002.
The general protections provisions in the Fair Work Act 2009 protect:
They also protect employers, principals (and prospective employers and principals) and industrial associations.
All claims brought by eligible persons must relate to a constitutional-covered entity (such as a constitutional corporation, the Commonwealth or a Commonwealth Authority or body corporate).
There are two different types of general protections claims depending on whether the dispute involves a dismissal or not.
Note: If you are not eligible to lodge a general protections application in the Fair Work Commission you may be eligible to pursue an industrial dispute through the Queensland Industrial Relations Commission if you are in Queensland. Please contact us to find out more.
There are several forms of conduct that constitute adverse action. Adverse action taken by an employer includes:
If the above does not describe the situation you find yourself in, we urge you to contact us to discuss your specific circumstances.
A common general protections claim is one involving workplace rights. An employer must not take adverse action against an employee because the employee has or has exercised (or proposed to exercise) a workplace right.
For example, an employer must not dismiss an employee because the employee made a complaint about their wages and entitlements.
There are strict timeframes that apply to general protections claim involving dismissal. To proceed with a General Protections Application involving dismissal the employee must lodge their claim within 21 days of the dismissal taking effect. If you believe you are out of time it is crucial that you seek legal advice ASAP. We may be able to assist you with pursuing a general protections claim outside of the 21-day timeframe if ‘exceptional circumstances’ exist.
The process depends on whether the dispute in question involves a dismissal. Given that the most common type of general protection application involves dismissal, we have outlined this process only. If your situation does not involve dismissal, we would be happy to discuss the process that will apply to you.
Once a general protections claim application (involving dismissal) has been lodged with the Fair Work Commission, the application will typically be listed for a telephone conciliation. This is an opportunity for the employer and employee to resolve the general protections dispute.
Employees can be legally represented at telephone conciliations. If you require legal representation please get in touch.
If the dispute cannot be resolved at the telephone conciliation, the Fair Work Commission member will provide you with advice on your options moving forward. These typically include arbitration or a hearing before the Federal Circuit Court of Australia. If the Commission member is satisfied that reasonable attempts have been made to resolve the dispute and is unlikely to be resolved, they will issue a Certificate to that effect. You will then have the option to file a fresh claim (called a General Protections Court Application) in the Federal Circuit Court of Australia.
Book a Consultation Now
Talk to our workplace lawyers today if you would like to explore your rights to pursue a claim or enquire abut other adverse action claims. There are several ways that we can help.
If you’d like to have a quick chat to see if it looks like you have a fair work general protections case, then our complimentary 15-minute call option is the perfect place to start.
If you’re ready to proceed with finding your voice in the workplace, you can book in for a 1 hour paid consultation for an in-depth and tailored discussion about your legal choices and prospects.
The consultation is conducted via telephone or online conference call.
The cost is $450 plus GST and is payable at the time of booking.
If you’d prefer to meet face to face, due to the complexity of the matter and the need to develop a more detailed case strategy, or you just prefer to meet in person, our 2-hour Legal Advice and Strategy Session is the best place to start.
We offer face to face meetings at either an office location, coffee shop or any other mutually convenient space on the Gold Coast.
The cost is $750 plus GST and is payable at the time of booking.
The information provided on this page is of a general nature only and is not to be relied upon as legal advice applicable to your specific circumstances. Specific legal advice is provided through our consultation sessions.
Rubix Legal are employment lawyers dedicated to assisting employees with workplace matters. Take control of your legal concerns today with reliable advice.
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