General protections are provisions protecting employees from adverse action for exercising workplace rights or having protected attributes.
Legislation: Fair Work Act 2009 Part 3-1 | Category: Employment Law
What is General Protections?
General protections are provisions in the Fair Work Act that protect employees from adverse action taken because they have workplace rights, engage in industrial activities, or have protected attributes. General protections claims are broader than unfair dismissal and can be brought by employees, contractors, and prospective employees.
The general protections regime prohibits adverse action because a person has or exercises a workplace right, engages or does not engage in industrial activity, or has a protected attribute under anti-discrimination law. Unlike unfair dismissal, there is no minimum service requirement and no income threshold.
Key Compliance Points for Employers
- The reverse onus of proof means the employer must prove the prohibited reason was not a reason for the action
- Applications must be made within 21 days for dismissal-related claims, or 6 years for other claims
- Compensation is uncapped and can include lost wages, reinstatement, and penalties
- Claims can be concurrent with unfair dismissal applications, though remedies cannot be doubled
- Documentation of legitimate business reasons before taking adverse action is essential
Frequently Asked Questions
What is General Protections?
General protections are provisions protecting employees from adverse action for exercising workplace rights or having protected attributes.
Why is General Protections important for employers?
Understanding general protections helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
