Fair Work Centre — For Employers
General protections claims have no compensation cap and no minimum employment period — making them one of the highest-risk claims an employer can face. Get direct advice on your exposure and how to respond.
The Problem
General protections claims are governed by Part 3-1 of the Fair Work Act 2009, and unlike unfair dismissal, the Fair Work Commission applies a reverse onus of proof once an employee establishes they exercised a workplace right.
Unlike unfair dismissal, general protections compensation isn’t capped — exposure can be significant if the claim succeeds, particularly for adverse action involving discrimination or victimisation.
Even an employee dismissed in their first week can bring a general protections claim — the usual 6 or 12 month qualifying period simply doesn’t apply.
Once an employee establishes they had a workplace right and adverse action occurred, the onus shifts to the employer to prove the action wasn’t taken for a prohibited reason.
Terminating or disciplining an employee shortly after they raise a complaint, take leave, or exercise a workplace right creates an inference of retaliation — even if that’s not what happened.
How We Help
Fair Work Centre helps Australian employers assess general protections risk before taking action against an employee, and defend claims that are already on foot.
How It Works
Call 1300 161 828 or book a free initial advice call before taking action.
We assess your risk and help you build a defensible reason and record.
Get a clear response strategy, whether pre-emptive or reactive.
A short advice call now can prevent an uncapped claim later.
Membership
Common Questions
A workplace right includes things like making a complaint about employment conditions, taking a benefit such as leave, participating in a Fair Work Commission process, or being covered by an award or agreement. Taking adverse action against an employee because they exercised one of these rights is prohibited.
Adverse action includes dismissal, demotion, discrimination, or any other action that injures an employee in their employment. It can also include threatening to take such action, which is why documentation and management training matter well before a dismissal decision is made.
Once an employee shows they had a workplace right and adverse action followed, the law presumes the action was taken for the prohibited reason unless the employer proves otherwise. This means good, contemporaneous documentation of your actual reasons is essential — not just helpful.
Generally an employee must choose one pathway for a dismissal-related claim, not pursue both simultaneously. However, they can choose whichever pathway suits their circumstances best — and general protections is often preferred precisely because of the uncapped compensation and no minimum service requirement.
The Fair Work Commission typically lists a conciliation conference quickly after an application is filed, giving employers a short window to prepare a response. Getting advice immediately after being notified significantly improves your negotiating position at conciliation.
No — general protections covers any adverse action, including demotions, changed duties, disciplinary action, or refusal to promote, provided it’s linked to a workplace right or a prohibited reason such as discrimination. It’s a much broader protection than unfair dismissal law.
No. Fair Work Centre is an independent private advisory service for employers. We are not associated with or authorised by the Fair Work Ombudsman, the Fair Work Commission, or any government authority.
Fair Work Centre is an independent private organisation providing advisory services to employers only. It is not associated with or authorised by the Fair Work Ombudsman, the Fair Work Commission, or any government authority.
Speak to an Employment Lawyer at Fair Work Centre
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