Has your business received a general protections claim filed with the Fair Work Commission (FWC) or a Court? This Emplawyer Empower Tool will point you in the right direction.
General Protections claims (also known as “adverse action” claims) can be filed by a range of persons, including current, former, and prospective employees and independent contractors.
Unlike unfair dismissal claims, general protections claims are not about whether a business or individuals working for that business have acted in a fair or reasonable manner. They are concerned with whether the individual bringing the claim (“Claimant”) has been subject to some detriment for an unlawful reason, including but not limited to actions taken because of:
- a prohibited discriminatory ground, such as the Claimant’s sex, race, or disability;
- the Claimant being (or not being) a member of a trade union;
- the Claimant exercising a workplace right; or
- the Claimant having made (or threatening to make) a complaint about their workplace or employment.
This guide explores:
- How does the filing process work?
- What does a conciliation involve?
- What is the most likely outcome of a conciliation conference?
- Should I get legal assistance with the claim?
- What are the typical costs involved?
To receive a copy of our General Protections Claims guide, please enter your information below.
