Introduction
General protections are in place to protect most people from:
- harmful (adverse) action
- coercion
- undue influence or pressure
- misrepresentation
where they affect workplace rights.
If you've been dismissed and believe there's been a breach of the general protections that apply to you, you can lodge a general protections dismissal application. The application must be lodged within 21 days of your employment finishing.
Eligibility
Employees who are:
- within the private sector in NSW, and
- covered by the national workplace relations system
NSW public sector employees and local government employees are covered by the NSW industrial relations system.
What you need
- your representative's details (if applicable)
- your employment details
- reasons given for your dismissal (if applicable)
- details of the person or business (respondent) you're making your application about
- description of the respondent's actions
- the sections of the Fair Work Act 2009 you believe the respondent contravened
- the outcome you're seeking.
Note: You must apply within 21 days after the date of your dismissal. You can apply even if you don't have all the information yet. You can send more details and supporting documents after you have applied.
How to lodge
- Take the general protections dismissal quiz to confirm your eligibility.
- Select the 'Download PDF form' button.
- Complete the form.
- Sign the Disclosure of information page.
- Decide on your method of payment, dependent on how you intend to lodge your application.
- Lodge your application within 21 calendar days of your dismissal to the details on the form.
More information
- If the payment of the fee will cause you financial hardship, you can download and complete the Fee Waiver – PDF but note that your application won't be accepted until the fee has either been paid or waived.
- A copy of your application form and any supporting documents you provide, except the Fee Waiver form, are sent to the respondent.
- The Fair Work Commission can't provide legal advice, but there are community legal centres (CLCs) available if you need assistance.
Last updated: 9 October 2024