In Queensland, general protections applications can only be made by employees that are “national system employees” (please contact us to determine whether you are covered).
You may be entitled to bring an application where your employer takes adverse action against you.
Under section 342 of the Fair Work Act, an adverse action can mean, for example, that you are dismissed, your job position is altered, or you are discriminated against.
The adverse action can be because, among other reasons:
- You exercise a workplace right, such as make a complaint (section 341)
- You become involved in industrial activity (section 347)
- For a discriminatory reason, such as race, gender or age (section 351)
The advantage of this avenue is that, unlike unfair dismissal, there is no cap on the amount of compensation you can claim.
However, legal costs are generally higher, so general protections are usually reserved for high earning employees and union related disputes.
As there are strict time lines for lodging an application, we recommend that you speak with a solicitor at our firm immediately.
You may also wish to consider an unfair dismissal claim.