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General Protections

Employees have rights under Australian Law to be protected from dismissal if they have exercised a workplace right.

If an employer does dismiss an employee because they exercised a workplace right, that employee can ask the Court to issue penalty/fines, reinstate the employee back to their former role or award compensation. There are many ways in which you may exercise a workplace right, for example:

  • taking personal/carers leave;
  • accessing WorkCover;
  • making a complaint about your boss;
  • making a complaint about your working conditions;
  • participating in industrial action;
  • discrimination on grounds such as race, gender, or religious beliefs; and/or
  • being a union member.

Each case is different and requires careful consideration of the facts against what the law says.

Get a free assessment of your case by one of our lawyers.

What compensation can I ask for in an General Protections Claim?

How much you are able to claim will depend on a number of factors such as, your years of service, age, prospects of finding another similar paid job, injury you may have suffered including hurt and humiliation. Further, should the Court find that your former employer has breached the law, you can ask the Court to fine the employer and award you the fine amount.

Contact us for an obligation-free consultation to discuss your best legal options.

What is the process for bringing a General Protections Claim?

Each claim is unique, and it is important that the right claim is put forward in the first instance to maximise the potential benefit of the legal action. Cooper Green Lawyers will take the time to listen to your story and assess your claim on its merits.

After our positive assessment of the claim and if you wish for Cooper Green Lawyers to act for you as your Lawyers, we will draft and file the necessary applications and forms, as well as manage the case, communicate with your former employer (and their Lawyers) and represent you before the Fair Work Commission and Court.

How are the fees calculated?

We understand that a dismissal from employment can be an unexpected event and cause significant damage to your personal finances. This is why we have developed a no-win-no-fee cost arrangement, which is designed to enable you to protect and enforce your legal rights without the risk of losing even more.

If we believe that you have a genuine General Protections Claim, we will offer you a transparent no-win-no-fee agreement.

Are there time limits?

General Protections’ applications should be filed within 21 days of dismissal from employment. If you do not file your claim within the required timeframe, there is a real risk that you might lose your rights to bring a General Protections Claim. There are rare circumstances in which the Fair Work Commission and/or Federal Court will accept a late General Protections Claim.

Contact us as soon as possible to protect your legal rights.

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1800 31 44 36

admin@coopergreenlawyers.com.au

Level 9/307 Queen Street,
Brisbane City Q 4000