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What are general protections?

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

They allow you to exercise a number of workplace rights without being punished or having adverse action taken against you.

It is unlawful for your employer to take adverse action against you for exercising a workplace right, including dismissing you.


What are protected workplace rights?

Your workplace rights include:

  • making a complaint or inquiry about your working conditions (like your pay or the hours that you work)
  • making a formal complaint about discrimination or sexual harassment
  • 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


What is adverse action?

Adverse action can include:

  • changing your working conditions to your disadvantage (like reducing your number of shifts)
  • denying you a promotion or professional training
  • demoting you
  • forcing you to resign
  • sacking you

IF YOU HAVE BEEN DISMISSED FROM EMPLOYMENT YOU HAVE TO ACT FAST!

THERE IS A STRICT

21-DAY TIME LIMIT

FOR GENERAL PROTECTIONS DISMISSAL CLAIMS


Compensation

You can be eligible to receive a larger compensation pay out 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.

 


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LAST UPDATED: April 2022

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