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General protections claims are very different from unfair dismissal claims and are far more complex.
They are the claims that are often made by senior executives who may not be covered by the unfair dismissal laws.
Risk of significant damages being awarded
An employer who is defending one of these claims is exposed to the risk of far higher damages compared to an unfair dismissal claim and bears the onus of proving that they did not do the wrong thing.
That’s right – the employer has to prove that they did not do the wrong thing.
This, in itself, makes these claims more complex and leaves employers exposed to greater potential liability than an unfair dismissal claim.
In a General Protections case decided in 2020, the Federal Court awarded an employee damages of more than $2.5 million as compensation for the employee being dismissed after making numerous bullying complaints.
This is just one example of the potential damages that can be awarded in a General Protections case.
How can we help in a General Protections Claim?
We can assist at each step of the way from preparing any initial responses that are needed and assisting you during a conciliation conference, right through to preparing court documentation and representing you in court proceedings if the case proceeds to a court hearing.
Worried about a General Protections claim? Contact us so that we can talk about how to protect your interests.
We help employers solve and prevent people issues. We are problem solvers.
Call our Principal, Susannah McAuliffe
Phone: 1300 764 792
Email: info@latitudelaw.com.au