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General Protections Dispute - Non-Termination Claim

This Fact Sheet is designed for eligible workers (including independent contractors and job applicants) who have been subjected to unlawful adverse action but, if employed as an employee, have not been dismissed.

The General Protections in the Fair Work Act 2009 (Cth) (the Act) make certain actions by an employer, prospective employer or principal (boss) in an independent contracting relationship specifically unlawful.

If you have been subjected to unlawful adverse action by your employer (excluding dismissal), prospective employer or principal (boss) (i.e. where you are an independent contractor or employee of an independent contractor), you may be able to file a General Protections Dispute – Non-Termination claim (GPD-NT) at a federal court.

You have six years from the date the unlawful adverse action took place (excluding dismissal) to file a claim. Alternatively, a voluntary conference can be held at the Fair Work Commission (FWC) before filing a claim at a federal court if both parties agree to attend.

What are my rights?

Your employer or prospective employer (e.g. when you have applied for a job) must not take unlawful adverse action against you because or partly because of one or more of the following prohibited reasons:

  •  your race, colour, sex, sexual preference, gender identity, intersex status, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, breastfeeding, religion, political opinion, national extraction or social origin;
  • you have a workplace right;
  • you have exercised or not exercised a workplace right;
  • you propose to or propose not to exercise a workplace right;
  • to prevent you from exercising a workplace right;
  • trade union membership or non-membership; or
  • you engaged in industrial activity.

What is adverse action?

Adverse action can be taken against you by:

  • your employer/prospective employer, if you are an employee/prospective employee; or
  • your principal (boss)/prospective principal (boss), if you are an independent contractor/prospective independent contractor or employee of an independent contractor.

For more information about how to apply for a General Protections Dispute – Non-Termination Claim, download the full Fact Sheet.

For further support

Call our Telephone Information Service on Melbourne Metro (03) 9662 1933 or Regional Victoria, Queensland and Tasmania on 1800 331 617.

Adverse Action

For those short on time, here’s a quick video giving a quick overview of your options if you think you’ve experienced ‘adverse action’ at work.

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