BAL Employment Team Senior Associate Rebecca Richardson presented to attendees on Friday 15 May 2026 at the latest BAL Lawyers HR Breakfast Club presentation. The subject of discussion was the General Protections jurisdiction under the Fair Work Act. Rebecca describes General Protections claims as “Unfair Dismissal’s older, meaner brother.”
The presentation provided a practical grounding in how General Protections claims differ from unfair dismissal, and why they represent a significantly greater financial and litigation risk to employers. Unlike unfair dismissal, General Protections claims are available to a broad range of workers — including employees, former employees, prospective employees, and independent contractors — with no minimum employment period, no high-income threshold, and no requirement that a dismissal have occurred at all. The focus of such claims is not on whether a dismissal was harsh or unreasonable, but on whether adverse action was taken for a prohibited reason.
Rebecca walked attendees through the legal elements of a General Protections claim, and the process for responding to a claim, from the initial response to the application in the Fair Work Commission through to conciliation and, if unresolved, progression to a Court.
Practical strategies for early resolution were discussed, including the possibility of settling matters by deed of release before any formal complaint is filed, and making effective use of the Commission’s conciliation process, which is a confidential, cost-effective step at which many claims are resolved.
Turning to risk reduction, Rebecca emphasised that perception is critical: an employer may be entirely entitled to make changes to a workplace, but if those changes are perceived to have been triggered by a protected attribute or the exercise of a workplace right, a General Protections claim may follow. Practical steps recommended to mitigate risk included maintaining thorough documentation of all complaints and performance discussions, training managers to recognise what constitutes a workplace right and adverse action, responding to conduct and performance issues promptly and formally, treating employees consistently, communicating clearly with employees about the genuine reasons for any adverse action, and limiting the number of decision-makers involved in any adverse action, as courts will scrutinise the actual reasons adverse action was taken in each decision-maker’s mind.
Attendees left with an understanding that General Protections claims require a different and more careful approach than unfair dismissal matters, and that early, considered HR involvement is one of the most effective tools available to reduce exposure.
BAL’s HR Breakfast Club will return next month, stay tuned for details.
If you are an HR professional and would like to attend our future HR Breakfast Club forums, please visit our monthly forum page and register to attend.
If you have any questions or queries about the information in this summary, or if you are experiencing any issues and need advice, please contact the BAL Lawyers Employment & Investigations team on 02 6274 0999.