1. I started my new job last week. On my first day I told the boss of the company that I had kids. He seemed upset and told me he wouldn't have hired me if he knew I couldn't "pull my weight." He told me that I didn't need to come back. I only worked there for one day. Do I have any rights?
Yes. You have a right not to be discriminated against at work. Your employer must not dismiss you for a discriminatory reason (or reasons that include a discriminatory reason). Family and carer's responsibilities are protected and it is against the law to dismiss you because of these.
There is no minimum amount of time that you have to work before you can apply.
If you were dismissed
before 1 January 2013 and you want to make a general protections dismissal application to the Fair Work Commission (the Commission), you must do so within 60 days of the date you were dismissed.
If you were dismissed
on or after 1 January 2013 and you want to make a general protections dismissal application to the Commission, you must do so within 21 days of the date you were dismissed.
The Commission may accept late applications, but usually only in exceptional cases
For more information, see
What are general protections? and
Discrimination.
2. I work for my local council and I was dismissed from my job. Can I make a general protections application?
If you are an employee working in NSW, you will be covered by national employment laws unless you are employed by the NSW government, a local council, or a NSW state government owned corporation.
If you are not covered by laws about general protections, you may still have rights under other laws. If you have been dismissed you should get
legal advice about your options.
For more information, see
Can you apply?
3. My employer dismissed me 3 months ago. I think they did this because I asked for uniform allowances that hadn't been paid to me. Can I make a general protections application?
If you were dismissed
before 1 January 2013 and you want to make a general protections dismissal application to the Fair Work Commission (the Commission), you must do so within 60 days of the date you were dismissed.
If you were dismissed
on or after 1 January 2013 and you want to make a general protections dismissal application to the Commission, you must do so within 21 days of the date you were dismissed.
The Commission may accept late applications in very limited circumstances. Some examples of when the Commission may accept late applications include where:
- you were in hospital
- you had legal advice that was wrong
- you had a lawyer and the application was late because they made a mistake
- your application was late because of a mistake made by the Commission.
Whether a late application will be accepted will depend on all the circumstances of your case. The Commission will also look at the strength of your case, as well as whether accepting the late application would cause unfairness to the employer.
For more information, see
Time limits.
If you were dismissed
before 1 January 2013, and more than 60 days have passed since you were dismissed, you should get
legal advice urgently. If you were dismissed
on or after 1 January 2013, and more than 21 days have passed since you were dismissed, you should get
legal advice urgently.
4. I heard I can't make a general protections claim about my dismissal because I didn't work for my employer for six months. Is this true?
No. There is no minimum amount of time that you have to work before you can make a general protections application.
Minimum employment periods only apply to unfair dismissal applications. Laws about general protections apply to all employees regardless of how long they have worked.
For more information about whether you can make a general protections dismissal application, see
Can you apply?
5. I think I didn't get a job I applied for because I am pregnant. Can I make a general protections application?
If a potential employer did not hire you for a discriminatory reason (for example, your race, gender, pregnancy, disability), you may be able to make a general protections application.
The information on this website only deals with dismissals.
You should get
legal advice about your rights straight away.
6. I asked my employer if I could take annual leave. He said no. Ever since I asked I have been given more work than the rest of my team. Can I make a general protections application even though I haven't been dismissed?
If you are being treated badly at work for using or trying to use your workplace rights, it is possible to make a general protections application even though you haven't been dismissed.
The information on this website only deals with dismissals. You should get
legal advice about your rights straight away.