​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

What are general protections? - Frequently asked questions ​



1. My employer warned me about my performance. I told my employer this was unfair a​​s I had been working many hours of unpaid overtime. One week later my employer dismissed me for poor performance. I think it was also because I raised the issue of unpaid overtime. Is there anything I can do?

It is possible to make a general protections application as long as one of the reasons you were dismissed is a breach of the rights you have at work (general protections).

You have a right to make enquiries about your pay and entitlements and your employer must not dismiss you for doing this.

For more information, see What are general protections?


2. I work for a small retail shop. I haven't taken any leave all year and I really need a break. I asked if I could take some of my annual leave. My boss said no. One week later, he said that he was dismissing​ me because I was not committed to the business. Is there anything I can do?

Your employer should not dismiss you for asking for your entitlements (like annual leave). You may be able to make a general protections application to the Fair Work Commission (the Commission).

For more information, see What are general protections? and Wages, leave and other workplace rights?

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3. I want to join the union but I am worried that my employer doesn't like union members. If she sacks me after I join, is there anyt​hing I can do?

You have the right to join a union. If your employer dismisses you for joining the union you may be able to make a general protections application to the Fair Work Commission (the Commission).

For more information, see Union activities.


4. I work at a large factory. On my first day of work I was told I was an independent contractor not an employee. I thin​k I am really an employee. I raised this with my supervisor. The next day I was told my services were no longer needed. What can I do?

Your employer must not get you to enter into a sham arrangement that says you are a contractor when you are really an employee. You may be able to make a general protections application to the Fair Work Commission (the Commission).

For more information, see Sham contracting arrangements.

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5. I think my boss might have been underpaying me.​​ When I asked him about this he told me that he 'hates greedy people' and that I shouldn't bother coming in next week. Is there anything I can do?

Your employer should not dismiss you for asking to be paid the correct wages or asking questions about your wages. You may be able to make a general protections application to the Fair Work Commission (the Commission).

For more information, see Wages, leave and other workplace rights.


6. I told my employer I am gay and two days later she dismissed me. I think she is discriminating against me. I don't want to go back to work but I want to know if​ there is something I can do to stop her doing this to other people.

Your employer must not discriminate against you because of your sexual preference. If your employer dismissed you because you are gay, you may be able to make a general protections application to the Fair Work Commission (the Commission).

Your matter will be conciliated by the Commission. If the matter cannot be resolved at conciliation, it is possible to apply to the Federal Circuit Court.

The Federal Circuit Court can order that:

  • you be reinstated (get your job back)
  • your employer pay a fine
  • compensation be paid to you.

When you apply to the Federal Circuit Court you can choose what sort of orders to ask the court for.

Alert Icon  In some cases you can apply for an urgent order from the Federal Circuit Court, called an injunction. An injunction is a court order that stops an employer from taking a particular action. This is a complex area of law so it is important that get legal advice before applying for an injunction.

For more information, see Discrimination.


7. I have taken a lot of sick leave in the last few months. My employer told me that I was dismissed and that she wants to hire someone "more reliable." Is there anything I can do?

Your employer must not dismiss you because you are temporarily absent from work because you are ill or injured.

You must:

  • provide a medical certificate or a statutory declaration; and
  • follow any requirements in your workplace instrument (for example, award) to tell your employer you will be absent and explain why.

A "temporary absence" is an absence for 3 months or less, or a total of three months or less within a 12 month period (not including any time where you were on paid sick leave).

If you have complied with the above requirements and your employer dismisses you because you are temporarily absent, it is possible to make a general protections application to the Fair Work Commission (the Commission).

For more information, see Absence because of illness or injury. ​​