General Protections Claims Are Surging — Here's What Employers Need to Know

The Numbers Are Hard to Ignore

In the 2024–25 financial year, the Fair Work Commission received 44,075 applications — a 24% increase above the five-year average. General protections dismissal claims specifically hit 6,209 applications, sitting 27% above the five-year average.

But the first quarter of 2025–26 has been even more striking: 2,102 general protections dismissal claims were lodged, representing a 57% increase on the three-year average for the same period.

The Commission is now projecting between 50,000 and 55,000 total lodgments for the 2025–26 financial year — a growth of over 70% in just three years.

What Are General Protections Claims?

General protections (Part 3-1 of the Fair Work Act 2009) prohibit employers from taking "adverse action" against a person because of a protected attribute or because they exercised (or proposed to exercise) a "workplace right."

Adverse action includes dismissal, but also covers demotion, changes to duties, refusal to employ, and discrimination. Protected reasons include:

• Exercising a workplace right (e.g. making a complaint, taking leave, requesting flexible arrangements)
• Industrial activity (e.g. union membership or participation)
• Discrimination on grounds such as race, sex, age, disability, family responsibilities, or pregnancy
• Temporary absence due to illness or injury

Critically, general protections claims have no minimum employment period. An employee can lodge a claim on day one if the termination was for a prohibited reason. There is also no high-income threshold — unlike unfair dismissal, high earners are not excluded.

Why the Surge?

Several factors are driving the increase:

AI-assisted claims. There's been a notable rise in employees using AI tools to draft and lodge their own applications. This has lowered the barrier to entry — claims that might previously have required legal assistance are now being self-filed, sometimes with questionable merit but in far greater volume.

Greater awareness of workplace rights. Employees are more informed about their rights than ever, partly due to the Fair Work Commission's own education campaigns and the proliferation of online legal resources.

Economic pressures. Cost of living pressures mean employees are more likely to challenge termination decisions, particularly where they feel the real reason was something other than what the employer stated.

Broader scope than unfair dismissal. Employees who don't qualify for unfair dismissal — because they haven't met the minimum employment period or earn above the high-income threshold — are increasingly turning to general protections as an alternative avenue.

The Commission's Response

In November 2025, Fair Work Commission President Justice Hatcher acknowledged the growth was "unsustainable" and announced procedural reforms to manage the caseload. These reforms target the early conciliation process and aim to resolve unmeritorious claims more efficiently.

Further reviews commenced in early 2026, with additional changes expected to general protections processes not involving dismissal.

What This Means for Employers

The reverse onus of proof in general protections matters makes these claims particularly dangerous for employers. Once an employee establishes that a protected attribute or workplace right existed, the burden shifts to the employer to prove the adverse action was not taken for that reason.

If you can't demonstrate a legitimate, documented reason for the action — supported by contemporaneous evidence — you are at serious risk.

How to Protect Your Business

Prevention is significantly cheaper than defending a claim. Key steps include:

1. Document everything. Performance issues, behavioural concerns, restructure rationale — all of it needs to be in writing, dated, and consistent.
2. Follow proper process. Ensure any adverse action follows a fair and transparent procedure. Show cause letters, meetings with support persons, written outcomes.
3. Train your managers. The most common trigger for general protections claims is a manager who reacts emotionally to an employee exercising a workplace right. Training on what constitutes a workplace right and how to respond appropriately is essential.
4. Separate the timing. If an employee has recently taken leave, made a complaint, or raised a concern, be extremely cautious about any adverse action in the period immediately following. The proximity in time will be scrutinised.
5. Get advice before acting. Before terminating anyone — especially someone who has recently exercised a workplace right — get specialist employment relations advice.

Need Help?

Industrial HR provides practical, specialist advice on managing workplace risk, including general protections exposure. If you're dealing with a complex termination or want a review of your current processes, contact us.