For employees
Workplace discrimination claim: deadlines, process and whether you need a lawyer
Being treated worse at work because of who you are, whether that is your race, sex, age, disability, pregnancy, religion or carer responsibilities, is what the Fair Work Act calls discrimination, and the claim most employees use for it is a general protections claim. This page is for employees who think that has happened to them and want to know the deadlines, what the process looks like, and whether a lawyer is worth paying for. It is general information, not legal advice.
Updated . General information, not legal advice.
Time limits that apply
| What | Limit | Source |
|---|---|---|
| General protections application after a dismissal | 21 days from the dismissal taking effect | Fair Work Act s 366 |
| General protections claim where you were not dismissed | 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 and the 21-day window is running. A lawyer can lodge a complete application fast.
- The discrimination cost you a job, a promotion or a lot of income, so the money at stake makes fees a fraction of it.
- Your employer has a lawyer or an HR team already building a paper trail (a sudden performance plan, a restructure that only affects you).
- You are not sure which forum fits: the Fair Work Commission, a state anti-discrimination body or the Australian Human Rights Commission. Choosing wrong can cost you the claim.
- You have been offered a settlement or a deed of release and need to know if the number is fair.
The free route is usually enough when
- You are still employed, the behaviour is recent and your employer has a complaint process you have not tried yet.
- The loss is small (a missed shift, a rostering slight) and what you want is for it to stop, not compensation.
- You want to test whether your situation fits the legal definition before spending anything. The free tools do that.
- You are a union member. Your union will often run a discrimination matter at no extra cost.
What does the law call workplace discrimination?
The Fair Work Act deals with discrimination through its general protections. An employer must not take adverse action against an employee because of a protected attribute. Adverse action is a wide idea: dismissal, demotion, cutting hours, refusing a promotion, changing duties for the worse, or treating someone differently from their colleagues. The attributes include race, sex, age, physical or mental disability, pregnancy, family or carer responsibilities, religion and several others; the free discrimination claim builder walks through the full list. The same law also protects you from adverse action for exercising a workplace right, such as making a complaint about the discrimination. And that matters, because retaliation for complaining is often easier to prove than the original discrimination.
What are the deadlines?
If you were dismissed, the general protections application has to reach the Fair Work Commission within 21 days of the dismissal taking effect (Fair Work Act s 366). That is the same tight window as unfair dismissal, and extensions are rare, so most people who miss it lose the claim. If you were not dismissed, there is no Commission deadline, but a court claim has to be started within 6 years (s 370 and the general limitation period). Six years sounds like forever. It is not, because evidence fades, witnesses leave and the employer's records get thinner every month. The state anti-discrimination bodies and the Australian Human Rights Commission run their own timeframes, which this page does not state, and a lawyer can tell you which forum suits your facts.
How does the reverse onus help me?
This is the feature that makes general protections different from almost every other workplace claim. Once you show that adverse action happened and that you have a protected attribute or exercised a workplace right, the employer has to prove the attribute was not a reason for what it did (Fair Work Act s 361). You do not have to get inside your manager's head. The employer does, and it has to convince a court with evidence about why the decision was really made. In practice that means the person who made the decision has to give evidence, and their story has to hold up against the emails, the timing and what was said in meetings. Many employers settle at conciliation because they cannot comfortably meet that burden.
What does the process look like?
For a dismissal, the application goes to the Commission first. The Commission arranges a conciliation, a private conference (usually by phone or video) where a conciliator tries to broker a settlement. Most claims end there, with money, a statement of service, or both. If it does not settle, the Commission issues a certificate and the matter can go to court, and a short further deadline applies to that step, so the decision to continue has to be made quickly. The Commission itself does not decide who is right in most general protections cases; a court does. Where there was no dismissal, the Commission can still conciliate, but a court claim can also be started directly. The free conciliation prep tool shows what the conference day looks like.
When does paying a lawyer pay for itself?
Liquid Employment Lawyers is a paid legal service that FairWork Mate refers people to. It is not free government help, and nobody should pay for advice they do not need. A lawyer earns the fee when the money at stake is real: a lost job, a lost promotion, a lost year of income. The application has to be framed correctly, the right attribute has to be pleaded, and the choice between the Commission, a state body and the Australian Human Rights Commission is one that a non-lawyer can get wrong without knowing it. A lawyer also knows what similar claims have settled for, which is the single most useful fact to have at conciliation. The first conversation through FairWork Mate is free; scope and fees are discussed directly with the firm.
What is the free route?
The Fair Work Ombudsman is free on 13 13 94 and can explain the general protections process, though it does not run discrimination claims for you. FairWork Mate's tools are free as well: the general protections checker tests whether your facts fit, the discrimination claim builder organises the evidence, and the complaint letter tool drafts the internal complaint that many people need to send first. If you are still employed and the behaviour is recent, an internal complaint in writing is often the right first move, because it creates a record and because retaliation for that complaint is itself unlawful. A union member can usually get the matter run at no extra cost. And whichever route you take, keep a dated diary and every email, because timing is what these claims turn on. None of this stops you getting a lawyer later, as long as the deadlines are watched.
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
Do I have to choose between unfair dismissal and a discrimination claim?
For the same dismissal, generally yes, and they measure different things: unfair dismissal asks whether the sacking was harsh, unjust or unreasonable, while general protections asks whether a protected attribute or workplace right was a reason for it. The unfair dismissal compensation cap is a rule for that claim, not for general protections. The free which-claim triage tool helps you see which fits, and a lawyer can confirm it inside the 21 days.
Can I make a discrimination claim if I was not dismissed?
Yes. Adverse action covers demotion, cut hours, a refused promotion and worse treatment generally, not only dismissal. There is no Commission deadline for a non-dismissal claim, but a court claim must be started within 6 years, and the practical case gets weaker the longer you wait.
How much does it cost to lodge with the Commission?
$92.70 for 2026-27, and it can be waived for serious financial hardship. Court filing fees are separate and not stated here; the court registry or a lawyer can tell you the current amount.
Is Liquid Employment Lawyers a government service?
No. Liquid Employment Lawyers is an Australian employment law firm and a paid partner that FairWork Mate refers to. The free official route is the Fair Work Ombudsman on 13 13 94, and FairWork Mate's own checkers and letter tools are free.
What if the discrimination is coming from a co-worker rather than my boss?
The claim is against the employer, so the question becomes what it did once it knew. Ignoring a complaint, or punishing you for making one, can itself be adverse action. Put the complaint in writing, keep a copy, and use the free complaint letter tool to word it.
Official sources
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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.
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