Understand general protections

The general protections laws protect most people from:

• harmful (adverse) action
• coercion
• undue influence or pressure
• misrepresentation

where they affect workplace rights.

Most cases we deal with are about adverse action. In these cases the person who applies must show:

1. they are eligible to apply
2. someone took adverse action against them for a prohibited reason

For example: an employee may be able to apply if their employer:

• dismisses them (takes adverse action)
• because they were away from work when sick (prohibited reason for dismissing someone).

When a person applies under general protections laws they are starting a legal process.

Most people are eligible to apply. See who the general protections laws protect for more information.

Adverse action can include:

• being sacked or fired (dismissed)
• being demoted
• being overlooked for promotion.

Most often an employer takes this action against an employee. See What is adverse action? for more information.

A person cannot take adverse action for a reason that is against the law (prohibited). This can include taking action against you:

• because you used your workplace rights (such as taking leave)
• because of your age, sex, disability or another discriminatory reason
• because you are away from work sick or injured.

See What are prohibited reasons? for more information.

The workplace rights of employees are also protected from:

• coercion
• undue influence or pressure
• misrepresentation.

See Other workplace protections for more information.

There are 2 types of general protection applications. The type of application depends on whether you have been dismissed:

• general protections dismissal (Form F8)
• general protections no dismissal (Form F8C)

General protections dismissal applications are the most common. These make up 85% of the general protections applications we receive. This is where you have been dismissed for a reason prohibited by law.