Can Quillio handle general protections claims?
Yes. I support general protections claims under Part 3-1 of the Fair Work Act 2009. These cover adverse action because of a workplace right, industrial activity, or protected attribute. I work with the reverse onus of proof under section 361, and prepare the applicant's statement and the respondent's defence framed around the decision-maker's reasons.
Workplace rights
Workplace rights include complaints about employment, entitlements to benefits, and participation in processes. I identify the workplace right exercised or the complaint made, and map the adverse action that followed in time. The temporal link is important but not determinative.
Reverse onus
Once the applicant proves the workplace right and the adverse action, the onus shifts to the respondent to prove the adverse action was not taken because of the protected reason. The decision-maker's state of mind becomes crucial — I focus the response on who made the decision and why.
Involving dismissal and not
General protections involving dismissal go to the FWC first for conciliation (21-day time limit). General protections not involving dismissal go direct to the Federal Court or FCFCOA. I flag the correct pathway and the time limits.
Common issues
- 21-day time limit for dismissal claims is strict — flag immediately
- The decision-maker's actual reasons are the test — build evidence around them
- Multiple decision-makers create tactical complexity — identify early
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