General Protections Dismissal

This information is complimentary only and isn't to be relied upon as advice. Always refer to the relevant industrial legislation, your lawyer, or a trusted industrial team for matters that may affect your employment.

What is a general protections dismissal?

A general protections dismissal is when your employer terminates your employment for a reason that's prohibited by law. This is different from unfair dismissal — general protections is about why you were dismissed, not whether the process was fair.

Under the Fair Work Act (Part 3-1), national system employees are protected from adverse action taken for prohibited reasons.
State and territory industrial laws provide similar protections for employees covered by state systems (such as state public sector workers).
The specific laws and application processes differ, but the principle is the same: your employer cannot dismiss you for an unlawful reason.

It also covers more than just dismissal.

What is adverse action?

Adverse action is prohibited by employment laws. It can occur when an employer does any of the following, but because of or for a prohibited reason:

Dismisses you
Demotes you
Overlooks you for promotion
Changing your role or conditions to your detriment
Or threatens to do any of the above

General protections laws protect most workers from adverse action, coercion, undue influence, and misrepresentation where workplace rights are affected – even if you're not technically dismissed which is a General Proteciton Non-Dismissal.

We focus on dismissals here.

What are the prohibited reasons?

Your employer cannot take adverse action against you because of:

Your rights: You exercised a workplace right (e.g. taking leave, making a proper complaint, asking about your pay)
Your protected attributes: race, sex, sexual orientation, age, disability, marital status, family/carer's responsibilities, pregnancy, religion, political opinion, national extraction, or social origin
Your temporary illness: You were temporarily absent due to illness or injury
Your Industrial activity: You are (or aren't) a union member, or participated in union activities

This is not an exhaustive list — but these are the main ones. Both federal and state laws cover a broad range of prohibited reasons.

How is this different from unfair dismissal?

	General Protections	Unfair Dismissal
Focus	Why you were dismissed	Whether the dismissal was harsh, unjust, or unreasonable
Burden of proof	Employer must prove the reason wasn't prohibited	You must show it was unfair
Minimum employment period	None — no qualifying period	Must have completed the minimum employment period
Income cap	None	High income threshold may apply
Difficulty	Complex, needs to go to a Court if it doesn't resolve at conciliation	Can be decided by the Commission

⏰ Time limits are strict

Under the Fair Work Act, applications must be lodged within 21 days of your dismissal date. State jurisdictions may have different time limits. Either way — don't wait.

Think this might apply to you?

If you're unsure, don't try to work out which claim or jurisdiction is right on your own. These can be complex, and it's important to get help.

Are you already a subscriber?

Lodge a Member Support Form and our industrial team will assess whether general protections, unfair dismissal, or unlawful termination is the best pathway — and whether your claim falls under federal or state law.

→ Log in at member.redunion.com.au → find "Get Help?" → click "Member Support Form".

Not a member?

We can't assist with pre-existing issues, but if you'd like to understand your options going forward, you can try to book a 20-minute chat with our team. Please note this is a general overview of what might be available should you join — it is not industrial advice.

It's best to have your subscriptions active incase a circumstance arises.

Ready to join?

To sign-up directly via the sign-up form:

Visit the signup form relevant to your industry (Nursing / Midwifery | Allied Health | Education | Officer | Other | New Zealand);
Tick "Yes" when prompted about pre-existing issues;
Wait for the onboarding emails after that's received –>
You can fill in an Member Support Form (be sure to tick "Yes" to the pre-existing question – our teams expect honesty on forms).

Good to Know

It's not just about dismissal

General protections also cover adverse action that isn't termination — like being demoted, having shifts cut, or being pressured not to join a union. If you haven't been dismissed but suspect your employer has taken action against you for a prohibited reason, you should still consider whether to proceed with your general protections.

The reverse burden of proof

One significant advantage of general protections over unfair dismissal is that once you establish adverse action was taken and a prohibited reason existed, the employer must prove the action wasn't for that reason (at least for claims under the Fair Work Act). So employers would usually that alleged adverse action was for operational or performance reasons, not the prohibited reason.

Which system covers me?

Almost all private sector employees are in the national system (i.e. Fair Work). State and local government employees, may be covered by state industrial laws instead. If you're unsure, get help.

You might also want to contact your current union (if you have one), your State's law society's 'find a solicitor' service, or a Community Legal Centre.

Needs updating?

Please let our hotline know if this article seems out of date, we are always looking to improve.