General Protections & Adverse Action Help in Perth & WA
Have you been dismissed, threatened with dismissal or treated adversely because you exercised a workplace right? Unfairly Sacked provides employee-only assistance with General Protections and Adverse Action claims in Perth and across Western Australia.
What Is a General Protections Claim?
The General Protections provisions of the Fair Work Act protect employees from adverse action being taken against them for certain prohibited reasons.
This can include taking adverse action against an employee because they exercised a workplace right, made a complaint or inquiry about their employment, participated in a workplace process, or because of certain protected attributes.
Adverse action can include dismissal, demotion, reducing an employee's hours, changing their position to their disadvantage, discrimination or other detrimental treatment.
Examples of Workplace Rights
A workplace right may include making a complaint or inquiry about your employment, raising concerns about pay or entitlements, taking or requesting eligible leave, making a workers' compensation claim, participating in a Fair Work process, or exercising another right or benefit under workplace laws.
General Protections: Dismissal vs Non-Dismissal
f you have been dismissed: A General Protections dismissal application may be available where you believe your employment was terminated for a prohibited reason, such as exercising a workplace right or making a complaint or inquiry about your employment.
If you have not been dismissed: General Protections can also apply where adverse action has been taken against you while you remain employed. This may include demotion, reduced hours, detrimental changes to your position or other adverse treatment for a prohibited reason.
21-DAY DEADLINE FOR DISMISSAL CLAIMS
If your General Protections claim involves dismissal, an application to the Fair Work Commission generally must be lodged within 21 days after the dismissal takes effect. If you have been dismissed, seek advice promptly. Different processes and time limits can apply to General Protections matters that do not involve dismissal.
How Unfairly Sacked Can Help
Unfairly Sacked provides employee-only assistance with General Protections and Adverse Action matters. We can assess the circumstances, identify the workplace right or prohibited reason involved, prepare and lodge the appropriate Fair Work Commission application and assist you through the dispute resolution process.
Where a dismissal matter proceeds to Fair Work Commission conciliation, we can prepare your case, represent you at conciliation and negotiate with the employer or their representative in an effort to resolve the dispute.
With more than 18 years' employment relations and workplace advocacy experience, our focus is on practical advice, clear communication and protecting your workplace rights.