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If you have been treated badly at work because you stood up for a workplace right, or because of who you are, you may be able to make a general protections claim.
If you have been dismissed, you usually have only 21 days
to act. Get legal advice as soon as possible.
Workplace rights
You have a workplace right when you do any of these things:
Adverse action
Adverse action is when your employer does something that harms you at work, such as:
A protected attribute
These are parts of you that your employer cannot treat you badly for. They include:
You may have a claim if your employer took adverse action against you because:
The path your claim takes depends on whether your job has ended.
This is where your employment has ended and you believe you were dismissed because you exercised a workplace right, because of a protected attribute, or for another prohibited reason.
You must apply to the Fair Work Commission within 21 days of the dismissal taking effect. This is a strict deadline.
The Fair Work Commission will usually try to resolve the matter through a conciliation. A conciliation is a private discussion between you and your employer to try to reach an agreement.
If it does not settle at conciliation, the Fair Work Commission issues a certificate. You can then elect to start a case in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court of Australia, or go to arbitration in the Fair Work Commission if the other side agrees. You can also decide not to take it any further. You should get advice straight away as there is only a short period of time to start the next step.
This is where you are still employed and the adverse action was something other than dismissal – for example, being demoted, having your hours cut, disciplinary action, being denied a promotion, being threatened with dismissal, or having your duties or pay changed.
If this is you, you can apply to the Fair Work Commission for conciliation. If the matter does not resolve, a certificate may be issued allowing you to start a case in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court of Australia. The 21-day deadline does not apply to these claims. But time limits still apply, and evidence gets harder to gather over time, so get advice early.
For most general protections disputes, the Fair Work Commission tries to help everyone reach agreement through conciliation.
In most cases the Fair Work Commission does not decide whether the employer has broken the law.
If the dispute cannot be resolved, you can choose to take your claim to court. A court can:
A general protections claim is one option. If what happened involved sexual harassment or sex discrimination, you may have other options as well.
See “Was I sexually harassed at work?” and “What to do if you have been sexually harassed at work.”
If you have been dismissed: 21 days from the date your dismissal takes effect. This is strict. Do not wait. Get advice within days, not weeks.
If you have not been dismissed: Get advice early.
If your employer offers you money or an agreement to settle and wants you to sign something, get legal advice before you sign.
Once you sign, it can be hard to take further action.
If you need an interpreter, call the Translating and Interpreting Service on 131 450 and ask them to call us.
If you are d/Deaf, hard of hearing, or have a speech impairment, contact us through TTY on 133 677, Speak and Listen on 1300 555 727, or Internet Relay via the National Relay Service website.
Need support, not legal advice? Call Full Stop Australia on 1800 385 578, or 13YARN at 13 92 76 if you are First Nations.
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