General Protections Non-Dismissal
You don't have to be fired for your rights to be breached. If adverse action was taken against you for practising your workplace rights — without dismissal — this may apply.
This information is complimentary only and isn't to be relied upon as advice. Always refer to the relevant industrial bodies, your enterprise agreement, our industrial team, or your lawyer for matters that may affect your employment.
What is a general protections non-dismissal claim?
A general protections non-dismissal claim is where adverse action is taken against you at work — but you haven't been dismissed. It applies when an employer, principal, or industrial association takes action against you because you have, or have exercised, a workplace right, or because of your industrial activity.
Who deals with these?
Under the Fair Work Act, national system employees and independent contractors may apply to the Fair Work Commission to deal with the dispute.
Some state and territory industrial laws provide equivalent protections for employees covered by state systems.
The principle is the same: your workplace rights are protected even when you keep your job.
Usually, if the matter doesn't resolve at the tribunal or commission level, it will require Court action to get any enforceable decision.
What counts as adverse action here?
Adverse action in a non-dismissal context can include doing, threatening, or organising any of the following for a prohibited reason:
- Demoting you or reducing your responsibilities
- Cutting your hours or altering your conditions to your detriment
- Treating you differently from other employees
- Prejudicing you in your employment or engagement
- Coercing you in relation to a workplace right or industrial activity
- Misrepresenting your workplace rights or obligations
- Injuring you in your employment
Who can take adverse action?
Unlike unfair dismissal — which only concerns your employer — general protections non-dismissal claims can be made against a broader range of parties, including fellow employees, employers, principals (for contractors), industrial associations and registered orgainsations (e.g. unions and even employer associations), and even union & employer organisation's officers and delegates.
How is this different from a general protections dismissal?
The key difference is whether you've lost your job. If you were dismissed, see our General Protections Dismissal article. If your employment continues but something has been done to you, or threatened, for a prohibited reason — this is the pathway.
⏰ 6 Year Time Limitation
Under the Fair Work Act, applications must be lodged within 6 years of the adverse action occurring – because they are essentially treated as civil claims. State jursdictions have similar time limitations, but it is always unwise to wait until the last moment given claims benefit from the evidence, circumstances, and laws being fresh.
Think this might apply to you?
Non-dismissal claims can be complex and the right jurisdiction depends on your circumstances. Don't try to assess it alone.
Are you already a subscriber?
Lodge a Member Support Form and our industrial team will assess whether unfair dismissal, general protections, or another pathway is right — 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 membership active in case 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
Coercion and misrepresentation are also prohibited It's not just about what your employer does — it's also about what they say or pressure you into. Coercing you to exercise or not exercise a workplace right, or misrepresenting your rights or obligations, is independently prohibited under general protections laws.
What about union activity? Workplace rights are protected, but also "industrial activity" is protected, which includes joining, or not joining, a union, or organising for industrial disputes. Actions that seek to undermine your right to organise might also be adverse action.
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 team know if this article seems out of date — we're always looking to improve.