Within the Fair Work Act 2009, general protections are in place to:
- protect your workplace rights
- protect your freedom of association
- provide protection for you from workplace discrimination
- provide effective relief for you if you've been discriminated against, victimised, or experienced other unfair treatment.
If you've been dismissed and believe there's been a breach of the general protections that apply to you, you can lodge a general protections dismissal application. The application must be lodged within 21 days of your employment finishing. That is, from the day you physically stopped attending your place of work.
What you need
- your personal and contact details
- your representative's details (if applicable)
- your employment details
- reasons given for your dismissal (if applicable)
- details of the person or business (respondent) you're making your application about
- description of the respondent's actions
- the sections of the Fair Work Act 2009 you believe the respondent contravened
- the outcome you're seeking.
How to lodge
- Take the general protections dismissal quiz to confirm your eligibility.
- Select the 'Download PDF form' button.
- Complete the form.
- Sign the Disclosure of information page.
- Decide on your method of payment, dependent on how you intend to lodge your application.
- Lodge your application within 21 calendar days of your dismissal, by post, fax, email, online, or in person, to the details on the form.
- If the payment of the fee will cause you financial hardship, you can download and complete the Fee Waiver – PDF but note that your application won't be accepted until the fee has either been paid or waived.
- A copy of your application form and any supporting documents you provide, except the Fee Waiver form, are sent to the respondent.
- The Fair Work Commission can't provide legal advice, but there are community legal centres (CLCs) available if you need assistance.