For employees
General protections claim: do you need a lawyer for adverse action
A general protections claim says your employer took adverse action against you because you exercised a workplace right, took a protected form of leave, or have a protected attribute such as pregnancy, age or disability. It is the claim people reach for when the dismissal, demotion or cut in hours followed a complaint. It has no compensation cap and it flips the burden of proof, which is why employers take it seriously and why the paperwork is harder than an unfair dismissal application.
Updated . General information, not legal advice.
Time limits that apply
| What | Limit | Source |
|---|---|---|
| General protections application involving dismissal (Form F8) | 21 days from the dismissal | Fair Work Act s 366 |
| General protections not involving dismissal (Form F8C) | No Commission deadline; a court claim must be started within 6 years | Fair Work Act s 370 and the general limitation period |
| Commission application fee (2026-27) | $92.70, waivable for serious financial hardship | fwc.gov.au/apply-or-lodge/fees-and-costs |
Do you need a lawyer for this?
Advice usually pays for itself when
- You were dismissed, the money at stake is more than the unfair dismissal cap, and you can point to a complaint, leave or a protected attribute shortly before it happened.
- The adverse action was not a dismissal (demotion, hours cut, a warning, refusal to promote), because those claims skip the Commission's conciliation certificate step and head towards court.
- You are choosing between unfair dismissal and general protections. Once one is lodged over a dismissal, the other is generally closed off.
- The employer has already offered a settlement or a deed and you do not know what you would be giving up.
The free route is usually enough when
- You mainly want a conciliation conversation and a modest payment, and the timeline of complaint-then-dismissal is clear and documented.
- Your real issue is unpaid entitlements rather than why you were treated badly, which the Fair Work Ombudsman can help with for free.
What counts as adverse action and a workplace right?
Adverse action is dismissal, injuring you in your employment, altering your position to your detriment, or discriminating between you and other employees. Threatening any of those counts too. A workplace right is broad: an entitlement under the Act, an award, an agreement or your contract; the ability to make a complaint or inquiry about your employment; taking part in a Commission process. Taking sick leave, asking about your pay, raising a safety concern, and lodging a complaint with HR are all everyday examples. The protected attributes (race, sex, age, disability, pregnancy, family responsibilities and others) sit alongside. The question is never whether something bad happened. It is whether it happened because of one of those protected things.
Why does the reverse onus matter so much?
Once you show that adverse action was taken and that you had a workplace right, the Act presumes the action was taken for that reason unless the employer proves otherwise. The employer has to explain, with evidence, what the real reason was. That is unusual in law and it changes how these cases are run. The decision-maker's state of mind is what gets examined, so the manager who signed the termination letter ends up in the witness box explaining what was in their head. For an employee, the reverse onus is the reason general protections is worth considering whenever the timing looks suspicious. It is also why employers with good records of a genuine reason usually win, because the presumption is rebuttable.
How is the process different from unfair dismissal?
If the adverse action was a dismissal, you lodge Form F8 within 21 days and the Commission holds a conference, which is a conciliation by another name. If it does not settle, the Commission issues a certificate and you then have a short window to take the matter to court, or both sides can agree to let the Commission arbitrate. If the adverse action was not a dismissal, Form F8C goes to the Commission for a conference too, but there is no certificate step and the path afterwards is a court claim within six years. Court is slower, more formal and more expensive than the Commission. That is the trade for uncapped compensation and the reverse onus. Most claims still settle at the conference stage.
What can I get?
There is no compensation cap in general protections. A court can order compensation for lost earnings and, in some cases, for distress, can impose penalties on the employer, and can order reinstatement. That does not mean large payouts are common. Courts calculate loss carefully, deduct what you have earned since, and expect you to have looked for work. What the lack of a cap does is change the settlement conversation, because the employer cannot price the risk at 26 weeks' pay the way they can in unfair dismissal. For a well-paid employee with a clear complaint-then-dismissal story, that difference alone can justify a lawyer's fee many times over.
Which claim should I choose?
You cannot run both an unfair dismissal and a general protections dismissal claim over the same dismissal. Unfair dismissal is simpler, faster and capped, and does not need you to prove why you were dismissed, only that it was harsh, unjust or unreasonable. General protections needs the why, brings the reverse onus, and has no cap, but the road after conciliation runs through a court. People with strong evidence of a protected reason and real money at stake lean towards general protections. People with a poor process and a modest loss lean towards unfair dismissal. This is the single decision where an hour with a lawyer is most likely to pay for itself, because it cannot be undone after the 21 days.
Where does the free route end and the paid one start?
The Fair Work Ombudsman on 13 13 94 explains general protections and can investigate some contraventions itself, though it does not act as your lawyer. FairWork Mate's general protections checker tests your facts against the elements, the claim triage tool weighs it against unfair dismissal, and the conciliation walkthrough prepares you for the conference. All free. Liquid Employment Lawyers is FairWork Mate's paid legal partner, a law firm rather than a government service. Where the case is heading to court, where the deed on the table is complicated, or where the claim choice is genuinely close, that is the point to talk to them. They set out scope and fees before you commit.
Free FairWork Mate tools for this
Talk to Liquid Employment Lawyers about this
Share a few details and their team will be in touch to talk it through. No obligation, and you decide whether to go further after that first conversation.
Liquid Employment Lawyers is an Australian employment law firm and FairWork Mate's paid referral partner, not free Fair Work advice. They discuss scope and any fees with you directly. FairWork Mate is not affiliated with the Fair Work Commission or the Fair Work Ombudsman. For free general guidance, use the tools above or call the Fair Work Ombudsman on 13 13 94.
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Common questions
Is the 21-day limit the same as unfair dismissal?
Yes, for a dismissal. Both run 21 days from the dismissal taking effect and both are strict. A general protections claim that is not about a dismissal has no Commission deadline, but a court claim must be started within six years.
Do I have to prove my employer's motive?
No, and that is the point of the reverse onus. You show the adverse action and the workplace right or attribute; the employer must then prove the protected reason was not a reason. Good contemporaneous notes of what was said and when still make an enormous difference.
Can I claim while I am still employed?
Yes. Demotions, cuts to hours, warnings and refused promotions are all adverse action. The claim goes in on Form F8C, the Commission holds a conference, and any court claim afterwards has a six-year window rather than 21 days.
Is Liquid Employment Lawyers a free service?
No. It is an Australian employment law firm and FairWork Mate's paid referral partner. Enquiring is free and there is no obligation. The free official route is the Fair Work Ombudsman on 13 13 94 and the Commission's conference process.
What if the reason was my age, disability or pregnancy?
Those are protected attributes under the general protections, so the same claim applies with the same reverse onus. State anti-discrimination bodies and the Australian Human Rights Commission are alternative forums with their own rules, and a lawyer can advise on which forum suits your situation.
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