HR BREAKFAST CLUB MONTHLY FORUM

JOIN US FOR OUR MAY HR BREAKFAST CLUB

Back to Basics: General Protections

Date | 8:00am Friday 15 May 2026

Venue | In person – BAL Lawyers, Canberra House, Level 9/40 Marcus Clarke Street, Canberra 

Presenter | Rebecca Richardson, Senior Associate at BAL Lawyers

Cost | Complimentary

At the HR Breakfast Club event on Friday 15 May 2026, Rebecca Richardson will present on ‘Back to Basics: General Protections Claims’.

General Protections claims are a central feature of the framework established under the Fair Work Act 2009 (Cth), yet they are often misunderstood in practice. For many employers, they arise unexpectedly and can carry significant legal and commercial consequences.

A useful starting point is to understand that these claims arise in many contexts and are not limited to termination of employment. They extend to a broad range of conduct, including decisions about hiring, performance management, and workplace rights. This breadth means that even routine management decisions can, if not carefully handled, give rise to risk.

At their core, General Protections provisions are concerned with protecting workplace rights, freedom of association, and protection from unlawful discrimination. The reverse onus of proof—where an employer must establish that action was not taken for a prohibited reason—makes these claims particularly challenging to defend.

From a risk management perspective, prevention is far more effective than cure. This involves ensuring that decision-making processes are well-documented, that managers understand the concept of “workplace rights”, and that there is clarity around the reasons for taking action in relation to employees.

The presentation will explore the practical steps businesses can take to reduce the likelihood of claims arising in the first place. This includes embedding sound processes, training managers, and maintaining appropriate oversight of key employment decisions.

Where a claim is made, early resolution is often critical. The session will examine strategies for resolving General Protections disputes at an early stage, including through engagement with the Fair Work Commission and the effective use of conciliation processes.

Finally, the discussion will address the potential risks for businesses when claims proceed, including financial exposure, reputational impact, and the time and resource burden associated with defending proceedings.

We welcome your attendance at our upcoming HR Breakfast Club event. We invite you to come along, enjoy the breakfast and take part in an engaging and practical discussion on this important topic for HR professionals.

Alternatively you can email events@ballawyers.com.au

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