How to lodge a general protections claim in Victoria
A general protections claim alleges that an employer took adverse action against an employee because of a workplace right, industrial activity, or a protected attribute. Victorian employees in the national system lodge Form F8 (general protections involving dismissal) or Form F8C (not involving dismissal) with the Fair Work Commission. Dismissal-based claims must be lodged within 21 days.
The framework
Fair Work Act 2009 (Cth), Part 3-1. Adverse action in s 342. Workplace rights in s 341. Discrimination in s 351. Reverse onus in s 361. 21-day deadline for dismissal claims in s 366.
The process
Identify the workplace right or protected attribute
A general protections claim requires a workplace right (e.g., making a complaint), industrial activity, or protected attribute (e.g., pregnancy, disability, race).
Identify the adverse action
Adverse action under s 342 includes dismissal, alteration of position, injury in employment, discrimination, or threats to do these things.
Choose the right form
Form F8 applies where the claim involves dismissal. Form F8C applies where no dismissal has occurred (e.g., demotion, adverse rostering).
Check the deadline
Dismissal claims must be lodged within 21 days of dismissal (s 366). Non-dismissal claims can be commenced directly in court within the general 6-year limitation period but benefit from a Commission conference.
Gather supporting evidence
Emails, performance reviews, medical certificates, meeting notes, and any record of the complaint or workplace right being exercised.
Complete and lodge the form
Submit Form F8 or F8C through the Fair Work Commission online portal and pay the application fee (waiver available for financial hardship).
Attend the Fair Work Commission conference
The FWC holds a conciliation conference (mandatory for dismissal claims). Most matters resolve through settlement at this stage.
Obtain a certificate if unresolved
For dismissal claims, if the matter does not settle, the Commission issues a certificate under s 368 allowing the applicant to start proceedings in court.
Commence court proceedings
File in the Federal Circuit and Family Court or Federal Court within 14 days of the certificate. The employer must prove the action was not taken for a prohibited reason (reverse onus).
Obtain remedies
Remedies include reinstatement, compensation (uncapped), penalties, and damages for distress. Penalties are paid to the applicant or the Commonwealth as directed.
Forms and templates
Common mistakes
- Missing the 21-day deadline for dismissal claims
- Not clearly identifying the workplace right exercised
- Choosing unfair dismissal when general protections is stronger (or vice versa)
- Failing to file in court within 14 days of the s 368 certificate
- Overlooking that compensation is uncapped unlike unfair dismissal
Get this process right with Quillio
Quillio prepares Form F8 and F8C applications, chronology, and court pleadings aligned with Part 3-1 of the Fair Work Act 2009 (Cth). See /practice-areas/employment-lawyers.
General information only — not legal advice. Choice between unfair dismissal and general protections has strategic and financial consequences — obtain advice before lodging.
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