Time limits are strict and short. Where the adverse action involved a dismissal, a general protections application must generally be lodged with the Fair Work Commission within 21 days of the dismissal taking effect. Act immediately to protect your rights.
What are general protections and discrimination claims?
Workplace rights protected under the Fair Work Act 2009 (Cth) include things like being entitled to a benefit under a workplace law, or making a complaint or inquiry about your employment. Protected attributes include race, sex, age, disability, religion, pregnancy, carer's responsibilities and more. Discrimination claims can also be pursued through federal and state anti-discrimination bodies, which run their own conciliation processes.
| Type of claim | Where lodged | Deadline |
|---|---|---|
| General protections — dismissal involved | Fair Work Commission | 21 days from dismissal |
| General protections — no dismissal | Fair Work Commission | Longer — act promptly |
| Federal discrimination complaint | Australian Human Rights Commission | Separate deadlines apply |
| State discrimination complaint | State anti-discrimination body | Separate deadlines apply |
How these disputes are resolved without a trial
When a general protections dismissal claim is lodged, the Fair Work Commission will usually convene a conference — a confidential, without-prejudice discussion led by an impartial Commission Member. Anti-discrimination bodies similarly run conciliation before any matter proceeds to a tribunal or court. In both systems, the design intention is the same: resolve by agreement wherever possible.
Private mediation with Mediations Australia complements these processes. It can be used:
- Before you lodge — to attempt an early resolution and avoid the formal process
- Alongside a lodged claim — to reach a settlement on your own terms and timetable
- To craft outcomes a court could not order — such as an agreed reference, a policy change, an apology, or confidential settlement terms
Why mediation suits these matters particularly well
- Sensitivity. Discrimination claims are personal and often painful. A private process spares both sides the exposure of a public hearing.
- Speed and cost. Fully litigated cases can be lengthy and expensive. A negotiated outcome avoids that.
- Creative remedies. Because the parties design the outcome, a settlement can address what actually matters — recognition, change, a reference — not just a number.
- Preserving reputation. For employers, resolving privately avoids a published finding and the associated reputational and cultural fallout.
- Control and certainty. Litigation outcomes are uncertain and imposed. Mediated outcomes are agreed, and therefore predictable.
When to take extra care
Discrimination and general protections matters can involve serious conduct, significant power imbalances, and sometimes overlap with bullying, harassment or safety issues — see our bullying and harassment guide. Where a person does not feel safe or able to negotiate freely, mediation may not be the right first step, and a formal process or independent advice may be needed instead. A responsible mediator screens for these issues before proceeding.
Support and further help
Fair Work Commission — general protections process
Fair Work Ombudsman — workplace rights and protections
Australian Human Rights Commission — federal discrimination complaints
Legal Aid NSW — free legal help for eligible people
Lifeline: 13 11 14 · Beyond Blue: 1300 22 4636
This page is for general information only and does not constitute legal advice. For personalised guidance, please consult a qualified legal professional or accredited mediator.