General Protections Not Involving Dismissal

Navigating workplace disputes can be a daunting experience, especially when employees are unsure of their rights. It is essential to recognise that you do not have to endure adverse actions from your employer without recourse. While many employees may hesitate to assert their rights for fear of victimisation or job loss, understanding the general protections under the Fair Work Act 2009 (Cth) (FW Act) can empower you to take the necessary steps to protect your workplace rights.

What Are General Protections?

General protections are fundamental rights enshrined in the FW Act, designed to safeguard employees from unfair and discriminatory practices by their employers. These protections encompass various aspects of employment, including:

1. Workplace Rights: The right to entitlements under awards, agreements, and legislation, as well as the right to participate in industrial activities and raise concerns without fear of retaliation.

2. Freedom from Discrimination: Protection against discrimination based on race, gender, age, religion, sexual orientation, political opinion, and disability.

3. Freedom from Coercion and Undue Influence: Employers cannot pressure you into making decisions that are against your interests or legal rights.

4. Freedom from Misrepresentation: You have the right to accurate and honest information about your employment, including wages, conditions, and benefits.

What Is a General Protections Claim (Without Dismissal)?


A general protections claim (without dismissal) arises when you believe your employer has taken “adverse action” against you while you still have your job. “Adverse action” can manifest in various forms, including:

1. Demoting or transferring you to a less favourable position;

2. Reducing your pay or altering your working hours;

3. Denying you training or promotion opportunities; 

4. Issuing disciplinary action without proper justification; and 

5. Creating a hostile or intimidating work environment.

If you have experienced any of these actions, you may have a valid claim. It is crucial to seek advice to determine the validity of your claim, as its strength will depend on several factors, including the connection between the adverse action and the workplace rights or freedoms involved.

Potential Outcomes of a Successful Claim

If your general protections claim (without dismissal) is successful, the Fair Work Commission can order various remedies, including:

1. Reversing the adverse action; 

2. Compensating you for any financial losses incurred;

3. Enforcing compliance with your legal rights;

4. Issuing orders to prohibit further contraventions by your employer; 

5. Important Considerations in General Protections Claims.


Engaging legal representation is essential, as general protections claims can be complex. Employment disputes while still employed can be particularly challenging, given the inherent power dynamics at play. Employers may hold a superior bargaining position simply because you want to keep your job.

Having an experienced employment lawyer from Bentham Sydney Employment Lawyers can provide you with the necessary support and guidance. We can help you understand the merits of your claim, navigate the process, and represent you effectively in your case.

How Bentham Sydney Employment Lawyers Can Assist

Understanding your rights and taking action when they are violated is crucial to maintaining a fair and respectful work environment. At Bentham Sydney Employment Lawyers, we are committed to assisting individuals like you in navigating the complexities of general protections claims (without dismissal).

Our firm offers comprehensive legal advice, representation, and support throughout your dispute. We provide confidential assistance and can act as your point of contact, handling negotiations on your behalf. Our personalised approach distinguishes us from standardised service providers, ensuring you receive the tailored support you deserve.

For effective legal representation and expert guidance on general protections claims, contact Bentham Sydney Employment Lawyers today. Protect your rights and explore your legal options in a confidential consultation.

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Got Questions?

General protections under the Fair Work Act 2009 (Cth) aim to safeguard employees, employers, and other workplace participants from adverse actions that may arise due to workplace rights, participation in industrial activities, or other discriminatory practices. These protections are comprehensive and prevent actions like unfair dismissal, prejudice in employment terms, and coercion related to workplace rights.

At Bentham Sydney Employment Lawyers, we understand the complexities surrounding general protections. We can assist you in identifying whether your workplace rights have been breached and provide expert legal representation to ensure your entitlements are enforced. Our team can guide you through the legal processes, including lodging claims and representing you before the Fair Work Commission or other courts.

If you believe your rights have been infringed, contact Bentham Sydney Employment Lawyers today for expert advice and support.

Adverse action includes any action taken by an employer or other party to harm an individual’s employment status or working conditions. This can range from dismissal and demotion to changing work hours or duties to the employee’s detriment. Adverse actions are not limited to employees—they also apply to independent contractors and industrial associations.

If you think you have been subjected to an adverse action due to exercising your workplace rights or participating in industrial activities, Bentham Sydney Employment Lawyers can assist. We specialise in identifying when adverse actions have occurred and can help you pursue the appropriate legal remedies, including seeking compensation or reinstatement.

Don't wait—contact Bentham Sydney Employment Lawyers today to protect your workplace rights and explore your legal options.

General protections in the Fair Work Act 2009 (Cth) ensure that all individuals in the workplace can freely exercise their rights without fear of retaliation. Workplace rights include employment entitlements, such as wages, leave, and working conditions, as well as the right to complain or raise concerns about work-related issues. General protections make it unlawful for employers to take any adverse action against individuals for exercising these rights.

If you believe your employer has taken steps to undermine or penalise you for asserting your workplace rights, Bentham Sydney Employment Lawyers can help. Our experienced team will assess your situation, advise on the best course of action, and support you through any claims for breaches of your workplace rights.

Reach out to Bentham Sydney Employment Lawyers today to discuss how we can defend your rights under the law.

General protections provide crucial safeguards against workplace discrimination based on various grounds, including race, gender, disability, age, and more. These protections ensure that no adverse action is taken against individuals because of their personal characteristics or participation in industrial activities. The Fair Work Act 2009 (Cth) also includes provisions for seeking relief through civil remedies if discrimination occurs.

Bentham Sydney Employment Lawyers can help you determine if you have been a victim of workplace discrimination and assist you in taking the necessary steps to hold the responsible parties accountable. Our team has extensive experience in handling discrimination claims and can represent you in seeking compensation or other remedies.

For personalised legal assistance, contact Bentham Sydney Employment Lawyers to protect your rights against workplace discrimination.

If you’ve been dismissed from your job for exercising your workplace rights, such as making a complaint about unsafe work conditions or asserting your entitlements, you may have a claim under the general protections of the Fair Work Act 2009 (Cth). This dismissal could be considered unlawful adverse action, and you may be entitled to remedies such as compensation or reinstatement.

At Bentham Sydney Employment Lawyers, we specialise in unfair dismissal and general protections cases. Our team will thoroughly evaluate your situation, help you lodge an application with the Fair Work Commission, and represent you throughout the entire legal process. With our expertise, you can pursue justice and ensure that your rights are upheld.

Contact Bentham Sydney Employment Lawyers today to discuss your unfair dismissal case and explore the legal remedies available to you.

Coercion or misrepresentation by an employer regarding your workplace rights is prohibited under the Fair Work Act 2009 (Cth). Coercion can take many forms, from threats to force you to give up your rights, to offering misleading information about your entitlements. If you find yourself in this situation, it’s essential to take immediate action to protect your legal rights.

Bentham Sydney Employment Lawyers can assist by providing expert legal guidance in situations involving coercion or misrepresentation. We can help you understand your rights, gather the necessary evidence, and represent you in any proceedings to hold your employer accountable for unlawful conduct.

If you believe you are being coerced or misled at work, contact Bentham Sydney Employment Lawyers today for a confidential consultation and expert legal advice.