General protections not involving dismissal

This extract from the Fair Work Commission’s general protections benchbook deals in a very summary way with the procedure for pursuing a general protections claim not involving a dismissal.

“See Fair Work Act s.372

If:

  • a person alleges a contravention of the general protections, and
  • the person has NOT been dismissed;

then the person may apply to the Commission to deal with the dispute.

When an application is made the Commission will notify both parties that they can only deal with the dispute if both parties agree. The parties are also advised that if they do not agree to the Commission having a conference, the applicant has the option of taking the dispute directly to the Court.

If the parties to the dispute agree to participate, the Commission may deal with a non-dismissal dispute by conference.

Note: An applicant in a non-dismissal dispute matter may make an application directly to the Court, an application does not need to be lodged with the Commission.”