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What Is A General Protection Claim?
General protection claims usually commence when an employee believes that their employer has taken adverse action against them. The Fair Work Act 2009 (‘FWA’) and the Industrial Relations Act 2016 (‘IRA’) contain a series of ‘general protections’ that apply to both employers and employees. You may be eligible to make a claim if you were demoted, or your employment was terminated soon after you made a complaint or enquiry into:
- Your pay or hours of work;
- Bullying or sexual harassment;
- Making a worker’s compensation claim;
- Taken a period of personal leave or parental leave; or
- Raised issues in relation to workplace health and safety.
Unlike unfair dismissal claims, there is no minimum period of employment required to be served before an employee can make a general protection claim.
How Can We Help?
To find out if you are eligible to make a general protection claim, speak to Cairns Employment Lawyers today.