A general protections claim can be made by employees, prospective employees and employers, contractors and sub-contractors, prospective contractors and sub-contractors, parties who engage contractors or sub-contractors, and parties who propose to engage contractors or sub-contractors.
Under the Fair Work Act 2009 (Cth), a general protections claim can be made when one person has taken adverse action against another for a prohibited reason (see Part 3-1 of the Fair Work Act 2009 (Cth) for the prohibited reasons).
A general protections claim, unlike an unfair dismissal claim, is not about the ‘fairness’ of the action or decision but whether the action or decision was for a prohibited reason.
There are many prohibited reasons that can give rise to a general protections claim.
These include but are not limited to discrimination, sexual harassment, the taking of personal leave, annual leave or long service leave, Award breaches, complaints or enquiries made about employment, and the exercise of workplace rights.
Commonly, general protections claims are made after termination of employment, but there does not need to be termination of employment for a general protections claim to be made.
A claim can also be made if the working arrangement has been changed for a prohibited reason. For example, if your hours of work have been reduced.
If you think your employer has terminated or changed your employment for a prohibited reason, give us a call on (03) 5722 4681.
MORGAN COUZENS LEGAL
