General Protection Disputes
If you have been subjected to adverse action because you exercised a workplace right, you may have a General Protections claim. The General Protections legislation covers a broad range of disputes, and it can sometimes be difficult to establish without proper representation and advice.
We have represented numerous individuals in General Protections disputes before the Fair Work Commission. Some examples of situations which may give rise to a General Protections claim include:
- An employee taking a period of genuine sick leave and being dismissed or unfairly treated as a result;
- An employee making an enquiry about their wages and entitlements, and being dismissed or had their shifts or pay cut as a result;
- An employee making a complaint about occupational health and safety hazards or discrimination in the workplace, and being suspended, given a warning, or dismissed as a result;
- An employee making a complaint to WorkSafe or the Fair Work Ombudsman and being treated unfairly as a result;
- An employee lodging a claim for Workers’ Compensation and being ostracised, intimidated or dismissed as a result.
Workplace General Protection Disputes
A General Protections claim can also arise if you have been subject to adverse action because of your race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
If you have been dismissed by the employer against whom you wish to bring a claim, your General Protections claim must be lodged within a very strict 21 day time limit. You can only obtain an extension to this time limit if you can satisfy the Fair Work Commission that there are exceptional circumstances warranting an extension of time. The time limit does not apply if you are still an employee but have been subject to other forms of adverse action.
If you want to pursue a claim, please call our offices to discuss.
TOLL FREE 1800 333 666
EMERGENCY 24 HOURS: 0421 634 370