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General Protections Claim

A general protections claim can be made by workers who have been subjected to unfair treatment from an employer as a result of exercising their workplace rights. Our employment lawyers help companies and workers with general protections claims. We are a fixed fee law firm, so our clients know exactly how much they are paying upfront.

Our team of lawyers help defend adverse action claims as well as provide legal representation to employees. Our deep legal knowledge of the Fair Work Act and fixed fee legal knowledge

General protections can:

  • protect the workplace rights of an employee
  • protect freedom of association
  • protect employees against coercion, intimidation and misrepresentation;
  • protect employees from sham contracting
  • provide protection from discrimination at work
  • provide relief for employees who are discriminated against (for instance, because of an employee’s race, gender, sexuality, pregnancy, age, or disability)or victimised at work

General protections also apply to some independent contractors and other workers.

Contact us for a free consultation

Our Legal Services

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Defending an Adverse Action Claim

If you are an employer seeking representation on general protections matters, our workplace law firm can help.

We defend claims made under the general protections provisions. There are a number of grounds on which an employer may respond to a claim.

It is important to act quickly regarding a general protections dispute. Seeking expert legal advice is an important part of this process.

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Making a General Protections Claim

General protections protect workplace rights. A workplace right includes many different types of rights.

For example, employees have the right receive employment entitlements, asking for a flexibility arrangement, asking for a pay rise or making a bullying complaint.

A general protections claim may be made by a prospective employee, independent contractor, current or dismissed employee.

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Legal Advice for Employees

We provide legal advice for general protections matters. Our clients include independent contractors and other employees who want to understand their rights.

If you are seeking advice or representation on general protections provisions, our employment law firm can help. Contact us today to schedule a consultation with one of our employment solicitors. And take the first step towards protecting your rights or defending your business.

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Legal Advice for Employers

We provide advice that is practical and easy to understand. Our advice and strategy will be tailored to your legal matter. For instance, our employment lawyers will consider whether a general protections dismissal claim has any merits.

Bad leavers and disgruntled workers can cause harm to your business's reputation.Our workplace legal team will work hard to protect your business.

The process for general protections disputes

Initial consultation and advice

We begin with a confidential consultation to understand your matter and how we can help. We may recommend detailed advice so that we can determine the merits of the general protections claim. We will also develop a recommended legal strategy.

Comply with any deadlines or legal requirements

It is important to ensure that any Court or Commission deadlines are met. A matter may also be time sensitive if a business needs to manage its workforce.

Our employment lawyers will assess any important dates and take steps to ensure your rights are protected.

Negotiate an outcome and court representation

Our employment lawyers may advise that a matter is appropriate to pursue a negotiated outcome. For example, if an adverse action claim has strong prospects of success, an employer may wish to negotiate and settle the matter.

Alternatively, if a worker is under stress it may be better for their well-being to settle the matter as soon as possible. If not, the next step is for our employment lawyers to provide legal representation in court or for mediation.

What our clients say

Deborah Lawrie
Deborah Lawrie
2024-05-15
Brooke Ferris at Prosper Law has helped me navigate copy write issues and a Life Rights agreement. Brooke is thorough, fast, efficient and knowledgable and has a no fuss down to earth approach. I am very grateful for her help.
CENDRÉ AUSTRALIA
CENDRÉ AUSTRALIA
2024-04-24
Prosper Law were so easy and quick to communicate with. Employment Lawyer, Krystal, was incredibly helpful. We were on a tight schedule and she made it happen quickly and efficiently, meanwhile answering any and all our questions we had regarding the contract. Highly recommend!!
Miguel Diaz
Miguel Diaz
2024-03-14
Parkinson’s Queensland engaged Prosper Law to assist with a contract review. Their contract lawyer was fast, approachable and provided excellent customer service. Highly recommend Prosper Law if you are looking for a well-rounded contract lawyer or need help with contract reviews.
Elizabeth Roughan
Elizabeth Roughan
2024-01-31
First timer to this online service but loved it. Quick, efficient and online so no dressing up to go into the city! Have already referred a business partner. Will continue to get advise on contracts from them moving forward.
Merzi Mody
Merzi Mody
2023-11-24
Unfortunately (despite all the positive reviews) our experience with Prosper was extremely disappointing and I have fed this back to the firm. We had one of our lead-in consults with an Associate Lawyer at Prosper on Tue 21.11.23 (15mins) and in LESS THAN 2 days we accepted Prosper's contract/terms, only to be told "we do not have the capacity to take on this matter". We were instead told, "you can use the “Find A Solicitor” function on the Queensland Law Society website to find a lawyer”. During this period there had been no change to the content/scenario regarding the matter whatsoever. It made the whole interaction with Prosper frustrating and unrewarding for us personally.
Holly Teague
Holly Teague
2023-09-11
Big Thank you to Krystal and Prosper Law for expediting my employment contract and getting it back to me within 48 hours. Would definitely recommend if you are looking for an employment lawyer.
Larissa Rogers
Larissa Rogers
2023-09-09
I came across Prosper Law while searching for an Employment Lawyer for a recent dispute. I had the pleasure of working with both Krystal and Farrah and I am extremely grateful for their attention to detail and guidance throughout my matter.
Yatin Kulkarni
Yatin Kulkarni
2023-08-29
Absolutely fantastic work by Carlyn Sicat and Farrah Motley by turning around the review of my Contract within 24 hours. Crystal clear recommendations and therefore didn't need any follow up. Highly recommended recommend them if you need an employment lawyer!
Connor Summers
Connor Summers
2023-08-09
Our business needed urgent legal advice for several employment law matters. Prosper Law’s employment contract lawyers were quick to respond, offered a fixed fee price for their legal services and were able to achieve a great result for our business. For any employers looking for a quality employment law firm, we highly recommend the team at Prosper Law.
Jane Gentle
Jane Gentle
2023-08-02
If you are looking to hire a legal counsel on retainer, I highly recommend the Prosper Law legal team. Having engaged with Prosper at work over the past 5 months, I have found them to be great in-house lawyers and who know their stuff when it comes to contract reviews, employment law advice and marketing and consumer law… and they’re reasonably priced

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General Protections Law FAQs

How does the Fair Work Act deal with adverse action?

The Fair Work Act 2009 deals with adverse action in Part 3-1. It includes provisions to protect employees and other workers from adverse actions taken by employers. For example, in response to the exercise of worker rights or other protected attributes. Adverse action refers to any action that is harmful to an employee or potential employee. It can include things like dismissal, demotion, harassment, or any other form of discrimination.

The Fair Work Act 2009 provides the following key protections against adverse action:

Protected Workplace Rights: The Fair Work Act 2009 protects a range of rights that employees and workers are entitled to exercise without fear of adverse action. These rights include the ability to join a union, participate in industrial activities, request flexible working arrangements, and take parental leave, among others.

General Protections Claim: Part 3-1 establishes general protections against adverse action. It is unlawful for an employer to take adverse action against an employee or potential employee. For instance, because they have exercised a workplace right or have a protected attribute, such as their race, sex, age, disability, religion, etc.

Temporary Absence: The Act also protects employees from adverse action due to temporary absences from work because of illness or injury.

Industrial Activity: The Act protects employees engaged in industrial activities, such as participating in industrial action, from adverse action.

Protection Against Misleading Information: Employers are prohibited from providing false or misleading information to employees or potential employees to induce them to take adverse action against their rights.

How can an employer avoid a general protections claim?

There are serious consequences if a protections claim is successfully made against a business. These include penalties, compensation, reputational consequences and possible disclosure obligations to future clients and in tender submissions.

For these reasons, employers should take reasonable steps to avoid any adverse action or protections claims. On the other hand, it is important to defend any unfounded claim or where a genuine redundancy or fair dismissal has taken place.

Our team of workplace lawyers can provide advice and strategies to avoid these circumstances.

Does a prospective employee have rights against a company?

A prospective employee does have legal rights against a company if they are using discriminatory or misleading hiring practices. A workplace right may exist even if an employee hasn’t started working for an employer.

For an employer, this means that they must not discriminate against job applicants. This includes the basis of their gender, race, age, religion, or other personal characteristics. Companies must ensure that their job advertisements do not contain any discriminatory language or requirements. Further, it is unlawful not to hire someone because of a prohibited reason.

The Competition and Consumer Act also prohibits companies from engaging in conduct this is misleading or deceptive in their hiring practices. If a job advertisement or offer of employment is not true and correct, a worker may have legal rights.

Why should I hire an employment lawyer?

General protections protect workplace rights. A workplace right includes many different types of rights.

We provide legal advice for general protections matters, including:

  • to independent contractors and other employees who want to understand their rights
  • whether grounds exist for discrimination, such as because of sexual orientation, social origin, carer’s responsibilities, marital status or political opinion
  • how to manage a problem if adverse action occurs

We provide advice that is practical and easy to understand. Our advice and strategy will be tailored to your legal matter. For instance, our employment lawyers will consider:

  • whether a claim has any merits
  • if an employer taking adverse action has a reasonable justification for the steps they have taken
  • how allegations of adverse action may impact an employer and its broader workforce
  • whether the claim triggers any reporting obligations
  • the best strategy to defend, manage and/or settle the claim

Contact us today to schedule a consultation with one of our employment solicitors. And take the first step towards defending your business.