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 icon If 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 icon This 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 icon Sometimes 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 icon If 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
getting permission (seeking leave) to appeal.

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.