Do You Need Support With A General Protections Claim?
Need help with General Protections Victoria or any other state? We support employees to resolve Complaints through General Protections.
If you have been subjected to adverse action because you exercised a workplace right, you may have a General Protections claim. The General Protections legislation covers a broad range of disputes, and it can sometimes be difficult to establish without proper representation and advice.
We have represented numerous individuals in General Protections disputes before the Fair Work Commission. Some examples of situations which may give rise to a General Protections claim include:
- An employee taking a period of genuine sick leave and being dismissed or unfairly treated as a result;
- An employee making an enquiry about their wages and entitlements, and being dismissed or had their shifts or pay cut as a result;
- An employee making a complaint about occupational health and safety hazards or discrimination in the workplace, and being suspended, given a warning, or dismissed as a result;
- An employee making a complaint to WorkSafe or the Fair Work Ombudsman and being treated unfairly as a result;
- An employee lodging a claim for Workers’ Compensation and being ostracised, intimidated or dismissed as a result.
Workplace General Protection Dispute Victoria
A General Protections Dispute claim in Victoria or any other state can also arise if you have been subject to adverse action because of your race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
If you have been dismissed by the employer against whom you wish to bring a claim, your General Protections claim must be lodged within a very strict 21 day time limit. You can only obtain an extension to this time limit if you can satisfy the Fair Work Commission that there are exceptional circumstances warranting an extension of time. The time limit does not apply if you are still an employee but have been subject to other forms of adverse action.
If you want to pursue a claim, please call our offices to discuss.
General Protections Victoria
When it comes to making a formal complaint through the Fair Work Commission under General Protections, AWDR will help you achieve the best outcome. This applies to all employees seeking the best general protections victoria service. Our team of Workplace Advisors are also available to support employees across Victoria and all other states in Australia. We will draft your application and can seek to represent you and act on your behalf. Contact our team today on 1800 333 666
Frequently Asked Questions On General Protections
You do not need a lawyer to put forward a claim with the Fair Work Commission. You can choose to go it alone. However, you should invest in some for of representation to ensure you application is complete, and you have the support you need through what can be a difficult and complex process.
Here at Australian Workplace Discrimination Representatives, we offer no win no pay, and fee-based solutions. Often a more affordable solution, you can sleep easy knowing you are in good hands with workplace advisors that live and breath these matters. Winning is in our DNA!
There are two requirements to a General Protections application, regardless of whether or not dismissal has occurred. Firstly, there must be either:
- Discrimination
- An exercise of a workplace right
- Industrial activity
Secondly, and in response to the first requirement, the employee has been subjected to adverse action.
If your claim is in relation to unfair dismissal, you have 21 calendar days from the date the dismissal took effect. The dismissal may itself constitute adverse action. Through this application, you may seek compensation and to restore your employment record by having the termination turned into a resignation.
If your general protections claim does not involve dismissal and you are still working for your employer, you can lodge a Form F8C at any time. This process is aimed at resolving the issues at hand to create a safe environment for you to continue working or work through an exit package in instances where the relationship with your employer has broken down as a result.
Do You Require Support?
As challenging as it can be, don’t sit idle. Pursue your general protections dispute claim with AWDR through our confidential service. We are the super hero you need in settling your matter. Wining is in our DNA! Call today!
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We will make sure to stand up for your rights. Call us today!