The general protections laws prevent employers from dismissing employees for specific prohibited reasons. The process for a general protections dismissal is not the same as unfair dismissal.
The general protections laws protect most people from:
- harmful (adverse) action
- coercion
- undue influence or pressure
- misrepresentation
where they affect workplace rights.
Most cases deal with adverse action. In these cases the person who applies must show:
- they are eligible to apply
- someone took adverse action against them for a prohibited reason
For example: an employee may be able to apply if their employer:
- dismisses them (takes adverse action)
- because they were away from work when sick (prohibited reason for dismissing someone).
When a person applies under general protections laws they are starting a legal process.
What is adverse action?
Adverse action can include:
- being sacked/ fired/ terminated (dismissed)
- being demoted
- being overlooked for promotion.
Most often an employer takes this action against an employee.
For more information please visit the following Fair Work Commission link: What is adverse action?
What are prohibited reasons?
A person cannot take adverse action for a reason that is against the law (prohibited). This can include taking action against you:
- because you used your workplace rights (such as taking leave)
- because of your age, sex, disability or another discriminatory reason
- because you are away from work sick or injured.
For more information please visit the following Fair Work Commission link: Prohibited reasons in general protections
Other protections at work
The workplace rights of employees are also protected from:
- coercion
- undue influence or pressure
- misrepresentation.
For more information please visit the following Fair Work Commission link: Other workplace protections