Process for general protection disputes

Understand how we process general protections cases not involving dismissal.

If you have been dismissed, you should read about different types of dismissal and termination. If you were dismissed for a prohibited reason, you should read about dismissal under general protections.

The steps on this page set out the usual process we follow for this type of case. Some cases are different. We will tell you if we're going to follow a different process for your case.

We will contact the employee within 3 days of receiving the application.

We aim to resolve most cases in 16 weeks.

Infographic depicting the process for general protections cases that do not involve dismissal. Full details are available on the page.

Help with the process

We can give you information to help you know what usually happens at each step, and how long it might take. You can contact us if you have questions.

We can give you information about our processes, but we can't give you legal advice.

Legal help may be available for employers and employees, including free legal advice for eligible people and small businesses. You can choose to ask a lawyer or agent for help, or you can represent yourself.

1 Employee checks eligibility and applies

Employees should check if they are eligible to apply. You must still be working for the employer to apply. When we receive the application the legal process begins. We will contact the employee (applicant) within 3 days of applying.

2 Employer responds

We send the employer a copy of the application. This gives them a chance to respond and/or object to the employee’s claim. We ask the employer (respondent) to respond within 7 days.

Respondents can choose not to participate. This ends the case.

If the respondent chooses to participate, the Commission Member will hold a conference.

3 Conference

We give the case to a Commission Member. They may schedule a conference to help the parties resolve the dispute. If the parties cannot resolve the dispute, the Member will close the case. The applicant may then choose to take the case to court.

We aim to resolve most cases within 16 weeks.

Process for general protection disputes

Help with the process

1 Employee checks eligibility and applies

2 Employer responds

3 Conference

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