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All Australians are protected under the law in certain aspects of employment – these are your General Protections.

If your boss takes adverse action against you after you exercise a workplace right, like asking about your pay, or your leave entitlements, or if you make a formal complaint about discrimination or sexual harassment, you may be entitled to compensation.

Adverse action can include not giving you a promotion, or punishing you in some way – and it can also include dismissing you.

What Is A General Protections Dismissal?

You may be eligible to make a General Protections claim for dismissal if you were sacked for exercising a workplace right.

A workplace right can include things like making a complaint or inquiry about your working conditions, like your pay, or the hours that you work.

Another example of a General Protections dismissal is if you are fired for making a complaint about sexual harassment or some form of discrimination.

It is also considered a General Protections dismissal if you are sacked for:

  • a temporary absence from work because of an illness or injury
  • trade union membership or non-membership
  • participation in trade union activities
  • being absent from work during maternity leave or other parental leave
  • temporary absence from work to volunteer for emergency service activity

If you can prove that you were exercising a workplace right, or were planning to exercise it, then it is up to your employer to prove that your sacking wasn’t the result of that.

If they can’t, then the dismissal is considered unlawful.

Your are also eligible to make a General Protections dismissal claim if you are sacked 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.

How Much Compensation Will I Get?

 You are eligible to receive a larger compensation payout if you win a General Protections claim, (compared with an unfair dismissal claim), including damages for shock and distress.

In addition, your employer can be made to pay penalties which are uncapped.

You Only Have 21 Days To Act

As with all dismissal claims, you only have 21 days from the date you were sacked to lodge a claim, so call our team of employment lawyers and industrial advocates today on 1300 853 837 or enquire here.

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