Respond to a claim for general protections involving dismissal

When a person names you in their general protections application, we will send you:

• a copy of their application, which details their claim
• a letter with a link to the Form F8A - Response to general protections application.
• notice of listing that gives you the time and date for a conference with a staff conciliator.

You may feel surprised or upset when we contact you about a claim. It is important that you do not ignore the information we send you.

An application for general protections is a legal process. It means someone:

• believes that you or your company are in breach of the general protections
• has started legal action because they want a remedy or result from their claim

Even if you believe you have done nothing wrong, respond to the application within 7 days.

We need your response to help us understand your version of events and to determine how we can best resolve the application.

If you do not respond or participate in the process, a Commission Member may issue a certificate. This allows the applicant to apply to a court about the same case. When this happens, you miss your chance to resolve the case before it goes to court.

Read the application so you understand why the person has made a claim. You need to respond to their claims.

You will need to:

1. Write the response using Form F8A.
2. Decide if you have a legal reason to challenge (object to) the claim.
3. Send your response to us and the person making the claim within 7 days.

1. Write the response using our form

You must respond to the claim by filling in Form F8A – Response to general protections application. If you have trouble completing the form, you can contact us for help.

2. Decide if you have a legal reason to object

You can also challenge (object to) the application if you think the applicant is not eligible to make the claim. You need to tell us the reason you object.

Whether you object or not, you still complete the Form F8A.

Find out how to Object to a general protections dismissal claim.

3. Respond to us within 7 days

Send us your Form F8A to give us your side of the case. You must send it to us within 7 days.

Include any supporting material, for example:

• warning letters
• performance reviews.

You must give a copy of your response to the employee and their representative (if they have one). Follow the instructions on Form F8A – Response to general protections application.