How to Apply for General Protections After Dismissal for a Prohibited Reason

When should you use a general protections dismissal claim?

A general protections dismissal application is for an employee who says they were fired for a prohibited reason under the Fair Work Act.

The Fair Work Commission describes this as different from unfair dismissal. An unfair dismissal case focuses on whether the termination was harsh, unjust or unreasonable. A general protections case focuses on why the employer dismissed you and whether that reason was prohibited by law.

You must be able to identify the protection you say was breached. Simply believing that a dismissal was unfair, badly handled or based on poor judgment does not by itself establish a general protections claim.

What dismissal reasons can be prohibited?

Part 3-1 of the Fair Work Act protects several categories of rights and activities.

Workplace rights

An employer must not dismiss an employee because the employee has, exercises, does not exercise, proposes to exercise or proposes not to exercise a workplace right, or to prevent the employee from exercising such a right.

A workplace right can include an entitlement, role or responsibility under workplace legislation, an award, enterprise agreement or workplace order. It can also include participating in a workplace process or making a complaint or inquiry concerning employment.

Examples can include questioning whether you have been paid correctly, making an employment-related complaint, taking an entitlement to leave, or exercising another right arising under workplace law. A request for an entitlement can itself be legally significant; for example, see the Helpydo procedure on requesting flexible working arrangements.

Industrial activities

The Fair Work Act protects lawful participation and non-participation in industrial activities. This includes protections concerning membership or non-membership of an industrial association such as a union and specified lawful activities connected with such associations.

Workplace discrimination

Section 351 protects employees and prospective employees against adverse action for specified discriminatory reasons, subject to statutory exceptions.

Protected attributes include:

• race;
• colour;
• sex;
• sexual orientation;
• age;
• physical or mental disability;
• marital status;
• family or carer's responsibilities;
• pregnancy;
• religion;
• political opinion;
• national extraction;
• social origin;
• breastfeeding;
• gender identity;
• intersex status; and
• experiencing or having experienced family and domestic violence.

Temporary absence because of illness or injury

The Fair Work Act also contains specific protection against dismissal because an employee is temporarily absent from work because of illness or injury in circumstances covered by the legislation and regulations.

General protections or unfair dismissal: which application should you choose?

The distinction matters because the Fair Work Act restricts multiple proceedings about the same dismissal.

• Choose general protections dismissal where your allegation is that the employer dismissed you for a reason prohibited by the Fair Work Act.
• Consider unfair dismissal where the core complaint is that the termination was harsh, unjust or unreasonable rather than being motivated by a prohibited reason.

The Fair Work Commission warns that a general protections application is not simply an alternative for someone who cannot meet the eligibility requirements for unfair dismissal. You must have an arguable prohibited reason.

If you have already made another application concerning the same dismissal, including an unfair dismissal or certain anti-discrimination claims, get advice promptly before attempting another pathway. Multiple actions concerning the same termination are restricted.

Who can apply to the Fair Work Commission?

For a general protections application involving dismissal, the Commission's current eligibility guidance requires you to:

• have been an employee, not a contractor, prospective employee or volunteer;
• be covered by the national workplace relations system;
• have been dismissed; and
• believe the dismissal occurred for a prohibited reason.

Most Australian private-sector employees are in the national system, but coverage varies for some state public-sector and local-government employees and for certain employers in Western Australia.

For example, state public-sector and local-government employees in New South Wales, Queensland and South Australia are generally outside the national system. Western Australian coverage also differs depending on the employer's legal structure. Check national-system coverage before filing if you work in one of these areas.

You usually have only 21 days to apply

A Form F8 application must ordinarily be lodged within 21 days after the dismissal took effect.

The Commission explains that the 21-day period starts on the day after your dismissal takes effect. The effective dismissal date is when the employment relationship ends. It may be your final day at work, the end of paid notice or another termination date specified by the employer. If you receive payment instead of notice, the dismissal will commonly take effect immediately.

Do not wait until you have assembled every possible piece of evidence if doing so risks missing the deadline. The Commission advises people who are worried about a deadline to apply with as much information as they have and seek guidance about anything outstanding.

What if you miss the 21-day deadline?

The Commission can extend the time under section 366 only if it is satisfied that there are exceptional circumstances.

In deciding whether to allow more time, the Commission considers factors including:

• the reason for the delay;
• action you took to dispute the dismissal;
• prejudice to the employer;
• the merits of the application; and
• fairness compared with other people in a similar position.

The Commission expressly warns that late extensions are generally difficult to obtain. Treat the 21-day period as a strict deadline.

What should you prepare before lodging Form F8?

The application needs enough information to explain the legal basis of the claim and identify the people or entities against whom you are bringing it.

Prepare:

• your personal and contact details;
• the respondent employer's correct legal name and contact information;
• the business ABN where applicable;
• the date your dismissal took effect;
• the prohibited reason or reasons you allege;
• which general protections you say were breached;
• a short factual chronology explaining what happened;
• the outcome you want; and
• details of any relevant representative.

If you received a written notice of dismissal, the Commission's Form F8 instructions say to attach a copy.

Retain other directly relevant records, such as emails, text messages, workplace complaints, correspondence about pay or entitlements, leave requests, performance correspondence and contemporaneous notes. The Commission advises applicants to include documents directly relevant to the claim rather than overwhelming the application with unrelated material.

How do you lodge Form F8?

The Fair Work Commission's preferred method is its online lodgment service.

The online process allows you to create an account, complete the Form F8 prompts, save an unfinished application and return later, and review previously submitted applications.

If you cannot apply online, download and complete Form F8. You can lodge it by:

• email to the Commission's lodgment address;
• post; or
• delivery to a Fair Work Commission office.

The Commission notes that in some circumstances an application can also be made by telephone.

How much does a general protections application cost in 2026?

For the 2026-27 financial year, the filing fee is $92.70.

The application fee is indexed and normally changes on 1 July each year.

If paying the fee would cause serious financial hardship, you can ask the Commission to waive it. For a paper or emailed application, the relevant fee-waiver document is Form F80. The online process also provides a way to request a waiver when applicable.

What happens after Form F8 is filed?

The Commission provides the application to the respondent and asks them to respond. The respondent has 7 days to lodge its response using Form F8A after being contacted by the Commission.

The response can include jurisdictional objections, the respondent's answer to your allegations and its response to the outcome you are seeking.

The Commission then generally arranges a dispute-resolution process, commonly a private conference involving the parties and a Commission Member or staff conciliator.

Does the Commission decide whether the employer broke the law?

Not at the initial general protections dismissal stage. The Commission emphasises that its role is primarily dispute resolution.

It does not investigate the claim or decide at the conference whether the employer actually contravened the Fair Work Act. Instead, it helps the parties discuss whether they can resolve the dispute.

Possible negotiated outcomes can include:

• financial compensation;
• payment of outstanding wages or entitlements;
• reinstatement;
• an apology;
• a statement of service;
• confidentiality or non-disparagement terms; and
• other agreed settlement terms.

If the parties reach agreement, it is normally recorded in writing and the Commission matter closes.

What happens if the case does not settle?

If the Commission is satisfied that reasonable attempts to resolve the dispute have been or are likely to be unsuccessful, section 368 requires it to issue a certificate.

If the Commission considers that arbitration or a general protections court case would not have reasonable prospects of success, it must also advise the parties of that view.

The certificate is important because, except for proceedings involving an application for an interim injunction, it is generally required before the dismissal dispute can proceed as a general protections court case.

You generally have 14 days after the certificate

If you want a court to determine whether the Fair Work Act was breached, you generally need to commence the court proceeding within 14 days after the Commission certificate is issued, unless the court permits a later application.

The Fair Work Commission identifies the relevant courts as:

• the Federal Court of Australia; or
• the Fair Work Division of the Federal Circuit and Family Court of Australia.

The parties can instead jointly agree to have the Fair Work Commission arbitrate the dismissal dispute. This is uncommon and requires all parties to agree and submit Form F8B within the applicable period.

The prohibited reason does not have to be the only reason

Section 360 of the Fair Work Act provides that a person takes action for a particular reason if that reason is among the reasons for the action. This means the alleged prohibited reason does not necessarily have to be the employer's sole motivation.

The Act also contains a statutory presumption in section 361. Where a prohibited reason is properly alleged in proceedings and taking the action for that reason would breach the general protections, the action is presumed to have been taken for that reason unless the person who took the action proves otherwise. This statutory rule becomes particularly relevant when a court or the Commission in consent arbitration determines the dispute.

Can you apply if you resigned?

An ordinary voluntary resignation is not a dismissal and therefore does not support a Form F8 dismissal application.

However, the Commission explains that where an employee was forced to resign because of something the employer did, the law may recognise the circumstances as a dismissal. These cases can be legally complex, so obtaining employment-law advice promptly is particularly useful because the same 21-day filing period may apply.

Common mistakes to avoid

• Missing the 21-day deadline. Extensions require exceptional circumstances and are not routinely granted.
• Using Form F8 simply because the dismissal felt unfair. You need to allege a prohibited reason protected by the Fair Work Act.
• Failing to identify the prohibited reason. The Commission's application requires you to state which protection you say was breached.
• Choosing multiple dismissal remedies. The Fair Work Act restricts parallel actions concerning the same termination.
• Using the dismissal form while still employed. General protections disputes not involving dismissal use a different process.
• Listing the wrong employer or respondent. Check the employer's legal name, contact details and ABN where applicable.
• Confusing poor performance with a prohibited reason. Performance or misconduct may be lawful reasons for dismissal unless a prohibited reason also formed part of the decision.
• Waiting for every document before lodging. Protect the 21-day deadline first and provide the information reasonably available to you.
• Assuming the Commission conference will decide liability. The Commission normally facilitates resolution; unresolved cases usually require court proceedings or agreed arbitration for a binding determination.
• Ignoring the 14-day period after a certificate. If the dispute remains unresolved and you intend to proceed to court, a separate short deadline generally applies.