What is a General Protections claim in Australia?

Part 3-1 of the Fair Work Act 2009 provides 'general protections' against adverse action. An employer must not take adverse action against an employee (dismissal, demotion, injury in employment, altering their position to their detriment, or discrimination) because the employee: exercised a workplace right (e.g., made a complaint or inquiry, took leave, or invoked a process under their contract or the Act); engaged in or proposed to engage in industrial activity (e.g., joined a union); or had a protected attribute (race, colour, sex, sexual orientation, age, disability, marital status, etc.).

Unlike unfair dismissal, General Protections claims: have no minimum employment period; cover workers and independent contractors (not just employees); and have no cap on compensation — courts can award full economic loss plus non-economic loss and penalties. The application must be filed with the FWC within 21 days of dismissal (for dismissal claims) or within 6 years (for non-dismissal claims in court).

There is a reverse onus: once the employee demonstrates adverse action occurred and a protected reason existed, the employer must prove the adverse action was NOT taken for that protected reason. This makes General Protections claims potentially stronger than unfair dismissal. However, they are also more complex — specialist legal advice is recommended.