Unfair dismissal and general protections
Received an unfair dismissal or general protections claim?
A claim from a former employee usually arrives with short deadlines and a lot of unknowns. IndustrialHR helps employers respond properly: we work out how strong the claim is, prepare your response, and get you ready for conciliation at the Fair Work Commission.
The two claims employers see most
| Unfair dismissal | General protections (dismissal) | |
|---|---|---|
| What the employee says | The dismissal was harsh, unjust or unreasonable | They were dismissed for a prohibited reason, such as a complaint, illness or a workplace right |
| Time to lodge | 21 days after the dismissal | 21 days after the dismissal |
| Minimum service | 6 months, or 12 months for a small business under 15 employees | None, so it can be made from day one |
| Who has to prove the reason | The Commission weighs the reason and the process | The employer must prove the reason was not a prohibited one |
How we help
- Assess the claim. We look at the reason, the process and the paperwork, and tell you plainly how exposed you are.
- Prepare the response. We draft your response to the Commission and pull together the evidence that supports your decision.
- Conciliation. We prepare you for the conciliation conference, including what a sensible settlement looks like, if one makes sense.
- Fix the gap. If the claim exposed a weak process, we fix it so the next exit is defensible.
Better still: avoid the claim
Most claims we see come from process, not from the reason for the dismissal. If you're thinking about ending someone's employment, call before you act. A short conversation now costs far less than a claim later.
Need ongoing HR support instead?
From $295 a month + GST
Alliance Light: unlimited written advice from $295 a month. Alliance Plus: hands-on HR from $1,450 a month (all + GST)
- Unlimited email HR advice
- A named practitioner who knows your business
- Contracts, letters and meetings handled for you
- Templates and documentation
- Proactive risk alerts
Common questions
Do we need a lawyer?
Many employers handle conciliation with HR support. If the matter needs a lawyer, we'll tell you early.
What if the employee was on probation?
Probation doesn't stop a general protections claim, and it doesn't extend the minimum employment period. We'll check what applies.
What does it cost?
We scope the matter and give you a fixed quote before we start.
Deadlines on these claims are short
Call 0481 100 416 today, or book a consultation, so your response is ready in time.
Related articles
Practical guidance on dismissals and claims.
- General Protections Claims Are Surging: What to Know
- You Were Right About the Conduct. You Still Lost. Here's Why.
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© 2026 IndustrialHR. All rights reserved.
Gold Coast, Queensland | 0481 100 416
IndustrialHR does not provide legal advice.
Privacy Policy | Terms of Service | Articles
© 2026 IndustrialHR. All rights reserved.
Gold Coast, Queensland | 0481 100 416
IndustrialHR does not provide legal advice.