How to make a general protections claim

You might want to file a general protections claim if you were dismissed from your job or have suffered other negative treatment in your workplace as a result of:

  • discrimination (based on your race, sex, age, disability or other characteristics)
  • enquiring or complaining about your pay, entitlements or workplace conditions
  • missing work because you were sick
  • being involved in a union or union activities.

You can’t file a general protections dismissal claim and an unfair dismissal claim at the same time. Make sure you know the difference between the two and choose the best option for your circumstances. If you’re unsure, it’s a good idea to get legal help first.

This fact sheet answers the following questions:

  • Does the general protections regime apply to me?
  • What are general protections?
  • When can I take my general protections claim to court?
  • Which court should I apply to?
  • How do I apply?
  • What happens next?
  • What orders can the court make?
Taking General Protections Claims to Court Download PDF (170 KB)

 

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