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| Entitlement | Description |
|---|---|
Compensation for Financial Loss |
Covering lost wages, future income, and other financial impacts. |
Reinstatement |
If applicable, you may be reinstated to your previous position. |
Damages for Distress and Humiliation |
Unlike unfair dismissal claims, general protections claims may include compensation for emotional distress. |
Penalties Against the Employer |
Employers found in breach of the Fair Work Act 2009 may face penalties. |
Injunctions or Orders |
The Fair Work Commission or Federal Court may order the employer to stop ongoing adverse action. |
General protections claims provide strong legal safeguards against unfair treatment, ensuring that employees can exercise their workplace rights without fear of retaliation.
Our professional general protections claims lawyers can guide you through the claims process and ensure you receive all the benefits you’re entitled to. Contact Wyatts Lawyers at 1800 773 880 to get your free claim check.
What Are the Provisions of the FWC for General Protections Claim?
If you have faced adverse action for an unlawful reason, you may be eligible to file a general protections claim with the Fair Work Commission. Unlawful reasons include discrimination based on race, gender, sexual orientation, age, disability, marital status, family or career responsibilities, pregnancy, religion, political beliefs, national background, or social origin.
You are also protected if you have exercised—or intend to exercise—a workplace right, such as making a complaint or inquiry about your employment.
What Are the Two Types of General Protections Claim?
The two primary types of general protections claims include:
- Disputes – If an employee has not been dismissed but believes their employer has violated general protections laws, they may file a claim.
- Termination or Dismissal – Employees who have been terminated and believe the dismissal breached general protections provisions can lodge a claim. This must be done within 21 days of the dismissal taking effect, or they may lose the right to pursue it.
Contact Wyatts professional general protections lawyers at 1800 773 880 today to understand the different types.
Am I Eligible for General Protections Claims?
Most employees have the right to submit a general protections claim with the Fair Work Commission, but certain conditions must be met before lodging a claim. You may be eligible to lodge a General Protections claim with the Fair Work Commission if you have experienced adverse action (such as dismissal, discrimination, or unfair treatment) due to:
- Exercising a workplace right – for example, making a complaint about pay or working conditions.
- Union involvement – joining, not joining, or participating in union activities.
- Protection from discrimination – being treated unfairly due to personal characteristics such as age, gender, race, disability, or pregnancy.
- Refusing to engage in unlawful workplace practices – such as sham contracting or unsafe work.
Contact our employment law experts to confirm your eligibility.
How Do I Submit an Employment Law Claim for General Protections?
To file a general protections claim, follow these steps:
- Determine Eligibility – Ensure your claim falls under the General Protections provisions of the Fair Work Act, whether it relates to dismissal or another workplace dispute.
- Lodge an Application – Submit your claim to the Fair Work Commission within 21 days of dismissal (for dismissal claims) or as soon as possible for non-dismissal disputes.
- Provide Supporting Evidence – Include details about the adverse action taken against you, the reason you believe it was unlawful, and any supporting documents.
- Attend Mediation or Hearing – The FWC may arrange a conciliation conference to resolve the matter. If it remains unresolved, the case may proceed to a hearing or Federal Court.
- Seek Legal Advice – Consulting an employment lawyer can help strengthen your case and ensure you meet all legal requirements.
If you miss the deadline or need assistance, our employment law experts are ready to guide you every step of the way. Contact Wyatts at 1800 773 880.
How Do No Win No Fee Lawyers Work?
Wyatts operates on a No Win, No Fee basis, meaning you won’t pay legal fees unless your case is successful. This allows you to pursue your claim without financial risk. Always check what is covered under the No Win, No Fee agreement to avoid unexpected costs.
How Long After an Unfair Dismissal Can I Make a Claim?
The time limit for filing a general protections claim depends on the type of claim. If you were dismissed, you must lodge your claim with the Fair Work Commission (FWC) within 21 days from the date your dismissal takes effect. If you were not dismissed, there is no strict deadline, but it’s best to file your claim as soon as possible to strengthen your case.
If you miss the deadline for a dismissal-related claim, you may lose the right to take action unless you can demonstrate exceptional circumstances for an extension. Our expert general protections lawyers are here to guide you through the process and ensure you meet all necessary deadlines. Call us at 1800 773 880 for assistance today.
Why Should I Work With a General Protections Claims Lawyer?
Navigating an employment law claim requires you to be vigilant and have the legal knowledge to get maximum compensation for your suffering. Wyatts’ experienced general protections claims lawyers will:
- Ensure all your mental and financial injuries are thoroughly assessed
- Provide personalised advice tailored to your situation
- Handle negotiations with insurers to secure the maximum compensation
- Represent you in disputes or appeals if your claim is denied
- Work on your behalf so you can focus on your recovery
Having the right legal team ensures you achieve the best possible outcome.
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