We’ve Got You Covered
Coutts is committed to defending employees in cases of general protection and adverse action claims. We recognise the importance of safeguarding your rights in the workplace. Our legal team offers expert advice and assertive representation to employees facing unjust treatment or actions in their employment.
Karena Nicholls
Partner
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General Protection Laws
General protection laws protect workplace rights which protect most people from:
- Harmful (adverse) action
- Coercion
- Undue influence or pressure
- Misrepresentation
Most general protection disputes deal with adverse action. In these cases, the employee must show their eligibility to apply and provide evidence that someone has taken adverse action against them for a prohibited reason. General Protection and Adverse Action claims protect workplace rights, protect freedom of association, provide protection against discrimination and remedies for anyone who has been discriminated against.
Limitations to lodging General Protection & Adverse Action Claims
An application for a general protection claim must be lodged within 21 days from the date of dismissal. There may be an exemption to the time limitations in exceptional circumstances. To ascertain whether you fit within the limitation period or can apply for an exemption, please contact Coutts so we can assist.
IMPORTANT: An employee can only bring one claim either through unfair dismissal or general protections/adverse action.
What is the difference between General Protection and Adverse Action claims?
General Protections include protecting the employees:
- Workplace rights
- Freedom of association
- Right to work free from workplace discrimination
- Right to work free from illegal contracting
- Treatment as a result of temporary absence from work due to illness or injury
Adverse Action means that an employer cannot adversely take action against an employee who has exercised a workplace right or proposes to exercise that workplace right. These actions include:
- Dismissing the employee
- Depriving the employee of legal entitlements
- Offering differential terms and conditions in comparison to other employees in the same or similar position
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What to Expect with Coutts Lawyers
Step 1: Initial Contact
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts lawyer / Conveyancer to discuss the specifics of your matter and desired outcomes.
Step 3: Information & Legal Advice
Share all related documents and information. Your lawyer / Conveyancer will review everything, clarify aspects as needed, and then advise on the best action course.
Step 4: Action Plan Development
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Step 5: Implementation
Execute the action plan, addressing a range of legal scenarios as necessary.
Step 6: Resolution & Closure
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer / Conveyancer will outline any final actions or considerations.
Introducing Karena
Your Compassionate Lawyer
Meet Karena, a Partner at Coutts Lawyers & Conveyancers, and the head of our esteemed Injury Compensation and Employment Law teams. With over two decades of experience in the field of Insurance Law, Karena’s passion, dedication, and client-focused approach have established her as a leading authority in compensation and employment law.
Connect with Karena Today
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General Protection & Adverse Action FAQ’s
General protection laws are designed to protect workplace rights for most individuals, shielding them from:
- Harmful (adverse) action
- Coercion
- Undue influence or pressure
- Misrepresentation
Most general protection disputes revolve around adverse action. In these disputes, it is the responsibility of the employee to establish their eligibility to apply and present evidence that someone has taken adverse action against them for a prohibited reason.
These claims protect workplace rights, guarantee freedom of association, offer protection against discrimination, and provide remedies for those who have been discriminated against.
Yes, you must lodge an application for a general protection claim within 21 days from the date of dismissal. There might be exceptions to this time limit under extraordinary circumstances.
No. An employee can only bring one claim – either through unfair dismissal or General Protections/Adverse Action.
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