General Protections Non-Dismissal

Certain persons, including employers, principals, employees and industrial associations; are prohibited from taking adverse action against certain other persons because the other person has, or exercises, a workplace right, or engages in industrial activity.

Adverse action includes a range of other actions such as prejudicing an employee or independent contractor and organising industrial action against another person. Coercion and misrepresentation in relation to workplace rights and industrial activities are also prohibited.

Under the Fair Work Act s.372

If:

(a)  a person alleges a contravention of this Part; and


(b)  the person is not entitled to apply to the FWC under section 365 for the FWC to deal with the dispute;


the person may apply to the FWC under this section for the FWC to deal with the dispute.


If you believe adverse action was taken against you please complete a member support form on your member dashboard and one of our friendly case managers may be able to assist you in lodging a claim.