Am I eligible to make a general protections application (involving dismissal)?
The Fair Work Act 2009 (Cth) protects against the taking of adverse action against you including dismissal section 342 for defined reasons including:
- Sexual orientation
- Physical or mental disability
- Family or carer’s responsibilities
- Marital status
- Political opinion
- Taking personal leave and/or for raising a complaint.
You may file a General Protections claim where you allege you have a particular protection and/or attribute and have been dismissed because of it (section 365).
You must lodge your general protections application
within 21 days of your dismissal taking effect (section 366)
Dismissal from employment has defined meanings and negative meanings under the Fair Work Act 2009 (Cth) (section 386).
You have been dismissed from your employment if:
- your employment was terminated at your employer’s initiative (section 386(1)(a)); or
- you resigned from your employment because of the conduct or course of conduct of your employer (section 386(1)(b))
Unlike an unfair dismissal application there is no minimum employment period or maximum income threshold to be satisfied and you are protected from adverse action even if you are not an employee.
Adverse action is defined to include:
- dismissal of an employee by an employer.
- termination of a contract by a contracting party against an independent contractor or a person engaged or employed by the independent contractor.
- refusal of a prospective contracting party to engage an independent contractor or refuses to supply or agree to supply goods or services to the independent contractor (section 342)