General Protections vs. Unfair Dismissal: What’s the Difference?

Each and every employee deserves a workplace that promotes a healthy, safe, and fair environment. It’s something all companies should offer, especially because employees work day in and day out to reach targets and propel the organisations they work for into success. 

Sadly however, this is not always the case. To help ensure that employees aren’t taken advantage of or given unfair treatment, the Australian government has created laws and safeguards that companies must follow. It’s important to know what these are, whether you’re an employer or an employee. If you need to better familiarise yourself with them, then you’ve come to the right place. 

This article will give you an overview of what General Protections are, and will also delve into what scenarios are considered as unfair dismissals. The two are related but not the same, so their differences will also be discussed, as well as what you can do as an employee if you feel that your rights have been violated.

What are General Protections?

General Protections are a set of workplace rights under the Fair Work Act 2009. These are in place to guarantee the protection of employees without the fear of retaliation from their employers or colleagues should they bring up concerns about their rights. All types of workers, whether full-time, part-time, or contractual, are covered by General Protections laws. The protections cover several rights, including: 

Workplace rights

Workplace rights cover an employee’s entitlement to fair pay, leaves, and appropriate working hours. It also includes an employee’s right to talk about their compensation, discuss their employment conditions, and raise any inquiries they have regarding their salary, designation, and the like. Employees also have the prerogative to share this information with their colleagues, or to keep it to themselves. 

Right to engage in industrial activities

This right protects the right of both employers and employees to be part of employer associations and unions, respectively. It allows them to to freely participate in activities that these organisations have. It also protects employers and employees who refuse to be involved in any unlawful or harmful activities endorsed by their industrial associations. 

Right to be free from unlawful discrimination

Employees are protected from being reprimanded, unfairly treated, or dismissed based solely on their race, sexual orientation, age, physical or mental disability, and religion, and many more. This gives an equal opportunity for all, and protects employees from any harmful acts that stem just because they’re different. 

Aside from these rights, General Protections also prevent employees from experiencing the following in relation to their workplace rights: 

Adverse or harmful action

Any action that threatens the safety or wellbeing of an employee or prospective employee is considered an adverse action. Examples of this are: 

• Dismissing or demoting an employee for no legitimate reason
• Altering an employee’s position to their detriment
• Discriminating between two employees
• Offering a potential employee different (unfair) terms and conditions compared to other employees
• Reprimanding an employee for taking their leaves

Coercion

The most common form of coercion in the workplace happens when an employee is pressured by an employer or colleague to do something against their will. Examples of this are: 

• Forcing an employee not to join a union
• Forcing an employee to take on tasks outside of their work scope
• An employee who doesn’t go on leaves because their employer tells them not to

Undue influence or pressure

Undue influence is present when an employer, or anyone who is in a position of power, gains something from pressuring their employee to do something. Examples of this are:

• An employee who agrees to less pay than initially discussed 
• An employee who agrees to take on more tasks than their work scope 
• An employee who agrees to take on personal favors from an employer. 

Misrepresentation

Misrepresentation occurs when an employer or colleague says something that is false or misleading. Examples of these are: 

• An employer telling you the wrong things about your workplace rights
• An employer that promises a higher salary than what the company can offer
• An employer who fails to disclose important duties and responsibilities in relation to your position 

While General Protections mostly safeguard the rights of employees, employers are also protected under it. If you believe that any of your workplace rights under General Protections has been violated, then you can file a complaint with the Fair Work Commission. 

What is an Unfair Dismissal?

Now that you know all about General Protections, it’s time to discover what an unfair dismissal is. First, it’s important to define a dismissal. According to the Fair Work Commission, a dismissal occurs when an employer tells an employee that they no longer have a job. Situations wherein a contract ends, or an employee was hired for a seasonal period and that season ends, do not count as dismissals.

A dismissal is considered to be unfair if it falls under any or all of the following:

Harsh

A dismissal is considered harsh if what an employee did or didn’t do doesn’t warrant them losing their jobs. If you get dismissed over a simple mistake such as making one typo on a report, it’s considered as harsh. 

Unjust

A situation is unjust for an employee if they get dismissed based on discrimination or bias from their employer. An example of this is firing an employee who is currently on maternity leave because they won’t be able to perform their duties for a few weeks. 

Unreasonable

An unreasonable dismissal is one that doesn’t make sense. There are two common types of unreasonable dismissals: one where the employer fires an employee out of nowhere, and one where an employer immediately fires an employee accused of something bad without finding sufficient evidence. 

Knowing that you’re protected from this type of dismissal is important, especially if you believe your rights have been violated. You can lodge a complaint with the Fair Work Commission should you encounter getting dismissed under circumstances similar to those mentioned. 

General Protections vs. Unfair Dismissal 

After learning about both General Protections and unfair dismissals, it should be more clear on how the two differ. For one, you don’t need to be dismissed to file a General Protections claim. If you believe any of your workplace rights aren’t being respected, then you can lodge a complaint even while you’re employed. On the other hand, unfair dismissal complaints are only lodged after you get fired under a harsh, unjust, or unreasonable circumstance. 

General Protections is also more broad in a sense that it protects employees from different types of adverse actions, while unfair dismissals focuses on protecting you from losing your job in an unreasonable manner. Knowing the difference between the two is important so that you can know how to move forward with your claim. 

Consult With Us Today 

If you’re looking for a partner that can help you with either a General Protections claim or an unfair dismissal claim, then Close Consulting is the perfect choice. We offer a free consultation where you can freely share your story so we can discover how to best move forward. 

This is where we’ll ask you all the details regarding the workplace incident that pushed you to seek our help – what exactly happened, your employment terms, and how you believe your rights were violated. During this session, we can also help you determine where your claim is a General Protections claim, an unfair dismissal claim, or a wrongful dismissal claim. 

We understand just how challenging workplace violations can be, so we’ll make sure to be with you every step of the way. 

Want to start on your General Protections or unfair dismissal claim? Consult with us today! You can call us at (03) 9211 9944, or send us an email at admin@closeconsulting.biz. You can also reach us through our website. We’ll do our best to help you fight for your workplace rights!