General protections claims — Australia 2026
General protections under Part 3-1 of the Fair Work Act 2009 are the most powerful tool Australian workers have against retaliation, discrimination, and adverse action. The reverse onus of proof tilts the balance back toward the worker. This hub explains the law, walks you through whether you have a claim, and links every FairWork Mate tool you need.
AINot sure if your situation is general protections or unfair dismissal? Ask the AI →Tools to check your claim
Discrimination Claim Builder
For s 351 protected-attribute discrimination — race, sex, age, disability, family. The most common general-protections pathway.
Unfair Dismissal Checker
Run the alternative test if dismissal was the action.
Privacy-First Harassment Incident Logger
Document protected conduct/incidents before you need them.
FWC Conciliation Walkthrough
What to expect at FWC conciliation if you file.
Guides & explainers
FAQ
What is a general protections claim?
A general protections claim is a Fair Work Act Part 3-1 claim alleging an employer took adverse action against you (e.g. dismissal, demotion, refusal to promote, change to your detriment) because you exercised a workplace right (e.g. raised a complaint, took leave, claimed an entitlement). The unique feature is the 'reverse onus' — the employer must prove the adverse reason wasn't the protected one.
What's the difference between general protections and unfair dismissal?
Unfair dismissal is about whether your dismissal was 'harsh, unjust or unreasonable'. General protections is about whether the action was taken because of a protected workplace right. You can run both, but typically choose one because the remedies and processes are different. General protections allows for uncapped compensation; unfair dismissal is capped at 26 weeks or $87,500.
How long do I have to file a general protections claim?
21 days from the date of dismissal (for dismissal-related claims) or 6 years for non-dismissal adverse action (for general claims to court). The 21-day window is strict — extensions are very rarely granted.
What is 'adverse action' under the Fair Work Act?
Adverse action includes dismissing, demoting, refusing to employ, discriminating, altering employment to detriment, or threatening any of the above. For prospective employees: refusing to hire or discriminating. For contractors: similar concepts. Section 342 of the Act defines this exhaustively.
What is a 'workplace right'?
Section 341 covers workplace rights broadly: entitlements under the Fair Work Act, awards, agreements, contracts of employment; ability to make a complaint or inquiry; participation in proceedings. Section 351 adds protection against discrimination on protected attributes (race, sex, age, disability, pregnancy, family responsibilities, etc.).