What is the difference between unfair dismissal and general protections in Australia?

Unfair dismissal (Part 3-2 of the Fair Work Act 2009) asks whether a dismissal was harsh, unjust, or unreasonable. It requires a minimum employment period — 6 months for employers with 15 or more employees, or 12 months for small businesses with fewer than 15 employees. General protections (Part 3-1) ask whether adverse action was taken because of a protected reason, such as exercising a workplace right, taking leave, raising a safety concern, or a personal attribute like age, sex, race, disability, or pregnancy. General protections have no minimum employment period and cover workers who have not been dismissed — but both types of dismissal claim must be lodged within 21 calendar days.

How long do I have to lodge a claim after being dismissed?

Both unfair dismissal and general protections dismissal applications must be lodged with the Fair Work Commission within 21 calendar days of the date of dismissal taking effect (Fair Work Act 2009, ss.366 and 394). This is a strict deadline — the Commission can extend it only in exceptional circumstances. If you are close to the deadline, contact a workplace lawyer or the Fair Work Commission immediately on 1300 799 675 or at fwc.gov.au.

Can I make both an unfair dismissal and a general protections claim?

Generally, you can only pursue one avenue before the Fair Work Commission — not both simultaneously. If you have a general protections dismissal claim, you can elect whether to proceed under Part 3-1 or Part 3-2 (if eligible for unfair dismissal). Many workers lodge both within the 21-day window and decide which to proceed with after conciliation. Get legal advice before making this election as it is difficult to change later.

What if my main complaint is about unpaid wages or notice pay?

Recovering unpaid wages, notice, or entitlements is separate from unfair dismissal and general protections. You can contact the Fair Work Ombudsman (fairwork.gov.au or 13 13 94) to lodge a request for assistance, or pursue a breach-of-contract claim in a court or tribunal. A 6-year limitation period typically applies to contractual and statutory pay claims — but keep records and act promptly.

Do general protections apply if I haven't been dismissed?

Yes. Part 3-1 of the Fair Work Act 2009 prohibits adverse action against an employee because of a protected reason even if they have not been dismissed. Adverse action can include demotion, reduction in hours, pay cuts, hostile treatment, or being threatened with dismissal. If you are still employed and believe adverse action has been taken against you for a protected reason, you can apply to the Fair Work Commission under Part 3-1.

Unfair Dismissal vs General Protections vs Breach of Contract — Which Claim Is Yours? (Australia)

Not sure which claim to make? Australian workplace law has three main avenues after a dismissal or adverse action — and each has different eligibility rules and deadlines. This wizard guides you to the right front door. It provides general information only, not legal advice. If you need specific advice, contact a workplace lawyer or the Fair Work Commission (fwc.gov.au).

Step 1 of 5

Were you dismissed, or are you still employed?

“Dismissed” includes being fired, forced to resign (constructive dismissal), or made redundant. If you're still employed but your employer has taken action against you — demotion, pay cut, roster change, warnings — choose “Still employed.”

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Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.

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Which Claim Is Yours? Unfair Dismissal vs General Protections vs Breach of Contract

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