What is a General Protections claim?
All persons working in Australia are entitled to general workplace protections. Some of the general protections provided in the Fair Work Act 2009 include workplace rights, the right to engage in industrial activities, right to be free from unlawful discrimination, the right to be free from undue influence or pressure in work places.
These rights are protected from certain unlawful actions such as adverse action, coercion, misrepresentation, unfair dismissal etc. General protections are important to regulate the conduct of such adverse action by an employer against employee.
A general protection claim refers to an action taken by a person whose rights under the general protections have been infringed. There is no minimum employment period for lodging such claim.
There two general protection disputes:
- General protections dismissal disputes; and
- General protections non-dismissal disputes.
It should be noted that a general protections dismissal dispute cannot be heard by a court without both parties attempting to resolve the issue at a conciliation mediated by the Fair Work Commission. (Commission). If the dispute is not resolved at such conciliation, the Commission will issue a certificate and the party can chose to make an application to court within 14 days of such certificate being issued.
If the claim involves an adverse action against a person (not involving dismissal), such as being demoted, or being denied a pay increase, harassment due to political opinions etc, then such person can chose to make an application to the Commission or make an application to court. Such application can be lodged at the Federal Court or the Federal Circuit Court and should be lodged within 6 years from the date of the alleged adverse or unlawful conduct.