General Protection/ Adverse Action provisions protect workplace rights and protect freedom of association and provide protection for discrimination and remedies for anyone who has been discriminated against.
Limitations to lodging General Protection Claims/ Adverse Action
An application for general protection claim must be lodged within 21 days from the date of dismissal.
What is the difference between General Protection and Adverse Action claims?
General Protections include protecting the employee’s/ worker’s:
- workplace rights
- freedom of association
- from workplace discrimination
- provide effective relief for those who have been discriminated against, victimised or experienced unfair treatment.
Adverse Actions means that an employer cannot adversely take action against an employee who has exercised a workplace right or propose to exercise that workplace right. These actions include:
- Dismissing the employee
- Depriving the employee of legal entitlements
- Offering differential terms and condition compare to other employees
IMPORTANT: An employee can only bring one claim either through unfair dismissal or general protections/ adverse action.