​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 |
LawAccess NSW > Representing Yourself > Employment rights > General protections dismissal

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General protections dismissal

This topic has information about making a general protections application after you have been dismissed from your job. It can help you if:

  • you are covered by laws about general protections
  • you have been dismissed from your job
  • you want to make a general protections dismissal application against your employer
  • you want your job back (reinstatement), compensation or an order that your employer be fined.

Alert iconIf you want to make a general protections application to the Commission, you must do so within 21 days of the date you were dismissed.

    What are general protections?

    Under the Fair Work Act, employees have rights called 'General protections'. These include:

    • the right to correct pay, leave and other entitlements
    • the right to be in a union and take part in union activity (or to not do this)
    • the right to take time off work if you are sick or injured
    • the right not to be discriminated against according to State or Federal anti-discrimination laws
    • the right to make a complaint or enquiry about workplace conditions
    • the right to the benefit of an industrial law or instrument (such as an award, enterprise agreement, workplace safety law).

    If someone dismisses you for using or trying to use these rights, it may be possible to apply to the Commission) for help.

    Alert iconThis topic only deals with dismissals. However, it is possible to make a general protections application even if you have not been dismissed. If you are being treated badly at work for using or trying to use your rights, you should get legal advice straight away.

    Hint iconSometimes general protections cases are called "adverse action claims." Dismissal is one type of "adverse action." If your employer dismisses you for using or trying to use your rights, or for a discriminatory reason (for example, your race, gender, disability), they have taken adverse action against you.

    For more information, see What are general protections?

    Who can apply?

    To apply you must be covered by laws about general protections. Most people that work for private businesses are covered. If you are a public servant employed by a State or local government, you may not be covered.

    This section has information about:

    • who is covered by laws about general protections
    • time limits.

    To find out if you are covered, see Can you apply?

    Alert iconIf laws about general protections do not cover you, you may be able to make a different sort of claim. You should get legal advice to help you work out what is the best option for you.

    Going to the Fair Work Commission

    This section has information about how to make a general protections dismissal application to the Commission and what happens after you apply. It covers:

    • how to make an application
    • the conciliation process
    • arbitration
    • settlement.

    For more information, see Going to the Fair Work Commission.

    Going to the Federal Circuit and Family Court of Australia 

    This section has information about going to the Federal Circuit and Family Court of Australia. It covers:

    • making an application
    • hearings
    • decisions the Court can make
    • orders for costs.

    For more information, see Going to the Federal Circuit and Family Court of Australia.

    After the case

    This section has information about steps you can take after you have settled the dispute with your employer, or the Federal Circuit and Family Court of Australia has made a decision in your case. It has information about:

    • enforcing agreements
    • enforcing orders
    • appeals.

    For more information, see After the case.

    Flowcharts

    These flowcharts show you an overview of the different steps you can take if you are making a general protections application.

    For more information, see Flowcharts.

    Who's who at court

    This section shows you what a typical courtroom looks like, who the different people are in the courtroom, and where you should sit, when you go to the Federal Circuit and Family Court of Australia.

    For more information, see Who's who in court.

    Forms

    This section has instructions, sample forms, deeds, a checklist and a worksheet.

    For more information, see Forms - General protections dismissal.

    Frequently Asked Questions

    This section has answers to common questions that you may have about general protections dismissal.

    For more information, see Frequently Asked Questions.


    Fur​ther inf​​ormation

    Fair Work Commission - General protections (unlawful actions)

    Fair Work Ombudsman - Protections at work

    Justice Connect - How to make a general protections claim