Defending General Protections Claims Based on Workplace Rights

Substantive Law

CPD Points 1

General protections claims can be very costly and have a significant impact on a business. This course provides practical guidance on how to successfully defend a general protections claim based on a workplace right.

General protections claims are the second most common type of claim brought by an employee against an employer. These types of claims can have a high financial cost for employers – with uncapped monetary compensation, potential civil penalties, and limited ability to recover legal costs. This makes it very important to deal with general protections claims quickly and decisively to protect business interests.

This course provides an overview of the general protections available to employees under the Fair Work Act 2009 (Cth). It then takes a deep dive into general protections claims made by employees based on a workplace right, discussing:

  • the “workplace rights” general protections available to employees in respect of their employment;
  • the legal objections that may be available to an employer to defend a claim;
  • dealing with arguments based on the merits and jurisdiction; and
  • navigating conciliation conferences and court hearings.

The course also explores a number of recent and significant cases to provide practical illustrations of the issues involved with general protections claims based on a workplace right, as well as potential pitfalls to avoid when advising clients.

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Author Profile

LawCPD Author: Joanne Alilovic

Joanne Alilovic

Jo has 20 years experience as an employment lawyer and is a Director at 3D HR Legal, an award winning employment law firm.

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