General Protections Claims Are Surging

General Protections Claims Are Surging: Are Your Decisions Defensible?

Applications are on track to rise by 80% over three years

General protections claims are becoming one of the fastest-growing workplace risks for Australian employers.

The Fair Work Commission recorded 6,209 general protections dismissal applications in 2024–25, 27% above the five-year average. A further 2,102 applications were lodged in the first quarter of 2025–26, placing claims on track to increase by 80% over three years.

A warning, performance plan, investigation, roster change or dismissal can become a claim if an employee alleges it was connected to a complaint, pay inquiry, illness, leave request, safety concern or another workplace right.

Employers may carry the burden of proving that the protected activity played no part in their decision. The outcome can depend on a manager’s email, an undocumented conversation or reasons that were not clearly established before action was taken.

Once a claim is received, an employer may have only seven days to respond. Early advice from an employment lawyer can help protect the business before performance management, disciplinary action, restructuring or termination begins.

23 September 2026

12:00 - 1:00 PM AEST

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23 September | General Protections Claims Are Surging: Are Your Decisions Defensible?

What We'll Cover

When management action becomes adverse action

The reverse onus of proof and evidence employers need

High-risk complaints, performance and absence scenarios

Risks during disciplinary action, restructuring and dismissal

Recent cases and the practical lessons for employers

In 2024–25, approximately 52% of finalised general protections dismissal matters settled at a conference, while around 33% remained unresolved and progressed to certification, potentially opening the way to court proceedings.

Having an employment lawyer involved early can help identify protected workplace rights, separate legitimate performance concerns from prohibited reasons, preserve critical evidence and ensure employment decisions are supported by a lawful and defensible process.

With applications rising sharply, waiting until a claim arrives may already be too late.

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