What can I claim in a general protections application (not involving dismissal)?
If your employer takes adverse action against you in contravention of a general protections, they may be found to have breached a civil remedy provision, which may make them liable to pay a penalty.
You may seek compensation for any loss and damage you have suffered, including humiliation, pain and suffering and/or that any penalty payable by your employer be paid to you.
The Federal Court or the Federal Circuit Court of Australia may make any order the court considers appropriate (sections 539, 545 and 546)
You cannot claim costs incurred by you in taking FWC action (section 611)
- A person must bear the person’s own costs in relation to a matter before the FWC.
- However, the FWC may order a person (the first person ) to bear some or all of the costs of another person in relation to an application to the FWC if:
- the FWC is satisfied that the first person made the application, or the first person responded to the application, vexatiously or without reasonable cause; or
- the FWC is satisfied that it should have been reasonably apparent to the first person that the first person’s application, or the first person’s response to the application, had no reasonable prospect of success.
The FWC can also order costs under (sections 376, 400a, 401 and 780).
- A person to whom an order for costs applies must not contravene a term of the order.
This subsection is a civil remedy provision (see Part 4-1).