Fair Work Commission general protections claim preparation checklist
General protections claims are the most common federal employment claim and attract a reverse onus. This checklist walks through preparation for a Form F8 or F8C application.
This is a 12-step preparation checklist for a Fair Work Commission general protections application. It covers the workplace right, adverse action, reverse onus of proof, and the evidence needed for the conciliation and hearing.
The checklist
Confirm the 21-day deadline
Dismissal claims must be filed within 21 days. Non-dismissal claims have a 6-year limitation.
Identify the workplace right
Identify the specific workplace right — entitlement, complaint, inquiry, or participation in a process.
Identify the adverse action
Identify what the employer did — dismissal, demotion, altered position, or prejudicial treatment.
Establish temporal connection
Evidence the connection in time and substance between the workplace right and the adverse action.
Gather contemporaneous evidence
Collect emails, meeting notes, performance records, and any communication around the adverse action.
Identify decision-makers
Identify each person involved in the decision. The reverse onus applies to every decision-maker under section 361.
Assess loss and remedy sought
Calculate lost wages, superannuation, and any compensation for hurt and humiliation.
Draft the Form F8 or F8C
Complete the application form with a concise narrative of the workplace right, adverse action, and loss.
Prepare for SDR conference
Prepare client for the staff conciliation conference — realistic settlement position and key bargaining points.
Consider alternative forums
Consider whether discrimination, bullying, or unfair dismissal provide a better forum or parallel claim.
Calculate settlement range
Prepare a settlement range based on lost income, likely liability, and costs exposure.
Prepare witness statements
If conciliation fails, prepare draft witness statements for the Federal Circuit Court hearing.
When this checklist applies
Use this checklist when a client has been dismissed or treated adversely after exercising a workplace right or making a complaint.
Common pitfalls
- Missing the 21-day dismissal deadline
- Not identifying a specific workplace right — vague complaints do not count
- Failing to pin down individual decision-makers for the reverse onus
- Overlapping with an unfair dismissal claim without electing
- Unrealistic settlement expectations at conciliation
Run this checklist on a real matter
Quillio drafts Form F8 applications, identifies workplace rights, and prepares conciliation positions. See /practice-areas/commercial-lawyers or start a free trial.
This checklist is a general guide. General protections claims are technical — confirm the strongest pathway before filing.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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