General Protections: What Employees Might Not Realise They’re Protected From

When people think about dismissal, unfair dismissal is usually the first thing that comes to mind. But the Fair Work Act has a separate set of rights called general protections. These protections are broader and often overlooked. They don’t just cover whether your dismissal was “fair”. They focus on why you were dismissed. If the reason falls into one of these protected categories, the dismissal is automatically unlawful.

General protections claims are not about whether your employer followed a fair process. They are about motive. If the real reason behind your dismissal is that you spoke up, used your leave, joined a union, or were treated differently because of who you are or what you stand for, you may have a strong case.

Workplace Rights

You cannot be dismissed for exercising a workplace right. This includes:

• Making a complaint or enquiry about your job, such as questioning underpayments or unsafe work.

• Taking personal leave if you’re genuinely unfit for work.

• Asking about your entitlements under an award, enterprise agreement, or the Fair Work Act.

Many employees don’t realise that something as simple as questioning roster changes or raising a health and safety concern counts as exercising a workplace right.

Industrial Activities

You are protected from dismissal if it’s because of union activity. This includes being a union member, wearing union merchandise, or taking lawful industrial action. Even supporting colleagues in union matters is covered.

Discrimination

An employer cannot dismiss you for reasons tied to certain protected attributes such as race, sex, age, disability, marital status, pregnancy, or family responsibilities. What surprises some people is how wide this can be. For example, dismissal linked to caring for children or a partner can amount to adverse action under general protections.

Temporary Absence Due to Illness or Injury

You cannot be dismissed simply because you’re temporarily away from work with a medically substantiated illness or injury. Many employees wrongly assume that any absence puts their job at risk. The law gives protection if the absence is genuine and within defined limits.

Sham Redundancies

General protections also capture situations where a so-called redundancy is really about pushing someone out for an unlawful reason. If the real motive ties back to a workplace right, discrimination, or another protected ground, the dismissal can be challenged.