What are general protections?
General protections stop employers from taking adverse action against workers for exercising workplace rights.
General protections are rules in the Fair Work Act that protect employees from being treated badly for exercising a workplace right — like making a complaint, taking leave, or being part of a union.
Unlike unfair dismissal, there's no minimum service period. You can make a general protections claim from day one of your employment, and it also covers prospective employees and independent contractors.
Key facts
- •No minimum employment period required — protection from day one
- •Covers workplace rights, industrial activities, and discrimination
- •Also protects prospective employees and contractors
- •Must lodge within 21 days if you've been dismissed
- •Reverse onus of proof — employer must show they didn't take adverse action
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Employment CheckFrequently asked questions
How are general protections different from unfair dismissal?
Unfair dismissal requires minimum service and focuses on whether the sacking was harsh or unreasonable. General protections focus on the reason behind the action and apply from day one with no income cap.
What counts as a workplace right?
Having a benefit under a workplace law, making a complaint or inquiry about employment, and being able to file a claim or complaint are all workplace rights under the Fair Work Act.
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.