Unfair Treatment Claim
Have You Been Unfairly Dismissed, Demoted, Or Disadvantaged At Work?
Unfairly Dismissed or Disadvantaged? Explore Your Options with a General Protection Claim
A general protection claim is a vital safeguard for employees in Australia. They provide a legal avenue to challenge unfair treatment by your employer, ensuring your workplace rights are upheld. These applications cover a wide range of situations where you might be disadvantaged, dismissed, or discriminated against for reasons that are unlawful.
Essentially, general protections applications help level the playing field, giving employees a voice against potentially powerful employers. They act as a deterrent for unfair practices and offer a means to seek justice when your rights have been violated.
What constitutes “adverse action” under General Protections?
It’s important to remember that a General Protection claim is not just about getting your job back. They can also assist you with recovering lost wages, addressing emotional distress, and restoring your reputation. If you believe your employer has acted unlawfully, it’s crucial to seek legal advice as soon as possible.
This includes being terminated for discriminatory reasons, such as your age, gender, or race, or for exercising your workplace rights, like taking sick leave or joining a union.
Facing unfair treatment due to your age, gender, race, religion, sexual orientation, disability, or any other protected attribute. This can include being denied promotions, training opportunities, or being subjected to a hostile work environment.
Being subjected to repeated, unreasonable behaviour by your employer or colleagues that creates a risk to your health and safety. This can include verbal abuse, intimidation, or exclusion.
Experiencing negative consequences, such as demotion, reduced hours, or disciplinary action, for exercising workplace rights such as parental leave, making a workplace complaint, or participating in lawful union activities.
Why Trust Sibley Lawyers with Your General Protection Claim?
When your livelihood and reputation are on the line, you need more than just legal representation. You need dedicated advocates who understand the complexities of employment law and have a proven track record of success. At Sibley Lawyers, we offer a unique combination of specialised expertise, extensive experience, and personalised service to ensure you receive the strongest possible defence against unfair workplace practices.
Our team comprises experienced advocates, including former barristers, who bring a wealth of courtroom knowledge and a deep understanding of the general protections applications. We’re not afraid to fight for your rights, whether through skilful negotiation or tenacious litigation. We’ll be by your side every step of the way, providing clear advice, gathering evidence, and crafting a compelling case to achieve the best possible outcome for your situation.
Identifying Potential Workplace Rights Violations
Do You Have a Case for a General Protection Claim?
Knowing if your situation warrants legal action can be confusing. Employment law is nuanced, and it’s easy to feel overwhelmed. If you’ve experienced any form of unfair treatment at work, it’s essential to understand whether you have grounds for a General Protection Claim.
While every case is unique, certain situations often point to a potential breach of your entitlements. This includes instances where you’ve been penalised for exercising your workplace rights, such as taking leave or making a complaint, or discriminated against based on protected attributes like your age, gender, or race. It also covers situations where you were dismissed without a valid reason or forced to resign due to a hostile work environment.
If you suspect your employer has acted unlawfully, it’s vital to seek legal advice promptly. Sibley Lawyers can help you assess your situation, understand your rights, and determine the best course of action to protect your interests and secure a just outcome.
Don't Let Your Rights Expire
Take Action Now
If you believe you’ve been unfairly dismissed, discriminated against, or disadvantaged at work, it’s crucial to act quickly. Strict time limits apply to lodging a General Protection Claim with the Fair Work Commission. In most cases, you only have 21 days from the date of the adverse action to make your claim. Delaying could mean losing your right to seek justice. Contact Sibley Lawyers today for a confidential consultation. We can help you understand your rights, gather evidence, and prepare a strong application to protect your interests.
Our General Protections Applications Services
Facing unfair treatment at work can be incredibly stressful and isolating. At Sibley Lawyers, we’re dedicated to providing comprehensive legal support and passionate advocacy for employees who have been subjected to adverse action.
Case Evaluation and Advice
Unsure if you have a valid claim? We offer a confidential and obligation-free initial consultation to discuss your situation. We’ll listen carefully to your concerns, thoroughly review the details of your case, and provide clear, straightforward advice on whether you have grounds for a General Protection claim. We’ll explain the relevant legal principles, identify potential strengths and weaknesses in your case, and outline the available options for pursuing your claim, empowering you to make informed decisions about your next steps.
Evidence Gathering and Preparation
A strong case requires meticulous preparation and compelling evidence. We’ll guide you through the evidence-gathering process, assisting you in obtaining all necessary documentation to support your claim. This may include:
- Employment Contracts and Payslips: To establish the terms of your employment and demonstrate any financial losses suffered.
- Performance Reviews and Disciplinary Records: To demonstrate your work history and counter any allegations of poor performance.
- Emails, Letters, and Internal Communications: To provide evidence of unfair treatment, discrimination, or other adverse action.
- Witness Statements: To corroborate your account of events and strengthen your claim.
Application Drafting and Lodgement
Navigating the legal complexities of General Protections applications can be daunting. We’ll take the burden off your shoulders by meticulously drafting your application, ensuring it meets all legal requirements and presents your case in the most persuasive manner. We’ll pay close attention to detail, clearly articulating the adverse action taken against you, the reasons behind it, and the impact it has had on your life. We’ll then handle the lodgement process with the Fair Work Commission, ensuring all deadlines are met and your application is properly filed, giving you peace of mind that your claim is in expert hands.
Negotiation and Representation
We understand that reaching a fair resolution is your priority. We’ll act as your skilled advocate, engaging in strategic negotiations with your employer or their representatives to achieve a favourable outcome. This may involve:
- Seeking Reinstatement: If you’ve been unfairly dismissed, we’ll fight to get your job back.
- Negotiating Policy Changes: We can push for changes to workplace policies to prevent future instances of unfair treatment.
If a negotiated settlement cannot be reached, we’ll represent you throughout the dispute resolution process, including conciliation and, if necessary, hearings before the Fair Work Commission or Federal Circuit and Family Court of Australia.
Court Representation (If Required)
While most General Protections claims are resolved through conciliation or arbitration, some cases may proceed to court. If your case requires court action, you can rely on our team’s extensive litigation experience. We have former barristers on our team who bring a wealth of courtroom knowledge and a proven track record of success.
From Consultation to Resolution
Our Process for General Protection Claim
We believe in a clear and transparent process, keeping you informed and empowered every step of the way. We begin with a confidential consultation to understand your situation and assess the merits of your case. From there, we guide you through the necessary steps to build a strong claim and pursue the best possible outcome. Here’s how we approach General Protections applications:
Initial Consultation
We listen to your story, answer your questions, and explain your rights under Australian employment law.
Case Assessment
We carefully review the details of your situation and advise you on whether you have grounds for a General Protection claim.
Evidence Gathering
We help you gather all necessary documentation to support your claim, including employment contracts, payslips, performance reviews, and witness statements.
Application Preparation
We meticulously draft your General Protection Claim, ensuring it is comprehensive, accurate, and persuasive.
Lodgement and Representation
We handle the lodgement process with the Fair Work Commission and represent you in any negotiations, conciliation meetings, or court proceedings.
Outcome and Resolution
We work tirelessly to achieve the best possible outcome for you, whether that’s reinstatement, or a change in workplace practices.
But don't just take our word for it
Our Track Record Speaks for Itself
We don’t just promise results, we deliver them. We’ve secured acquittals, reduced charges, and protected the freedom and reputations of countless clients. But don’t just take our word for it. Read our client testimonials to see what our clients have to say about our dedication, expertise, and results.
FEATURED
Gail Patterson
Professional and thorough
Nurture In Harmony
I highly recommend Sibley Lawyers for anyone dealing with workplace issues, including personal injuries. After my union lawyers refused to support me in a workplace dispute, Justin Sibley and Jack McDonald stepped in and made all the difference. They were incredibly knowledgeable, responsive, and truly committed to my case. Despite the lack of support from my union, to which I had paid fees for 13 years, Justin and Jack worked tirelessly to ensure I was treated fairly and helped me achieve a positive outcome. Their expertise in employment law and genuine dedication gave me the confidence to move forward. If you’re looking for lawyers who will fight for you when others won’t, Sibley Lawyers is the firm to trust!
Lyniece Rostant
Dena Miller
I couldn’t be happier with Sibley Lawyers if I tried. The team is fantastic and passionate about what they do. A particular shout out to their Senior Paralegal, Kate Rasmussen! She has worked tirelessly on several matters for me and achieved positive outcomes. She is always professional, friendly, dedicated and passionate when it comes to her clients. Your determination to obtain justice for me is greatly appreciated Kate 🙏
Madonna Arca
On behalf of my brother Peter:
I was represented by Sibley Lawyers in a Personnel Injury Claim and Jack McDonald worked extremely hard and was very devoted in achieving a great result. He has been extremely professional and very thorough with his ongoing research into my claim. I would high recommend Sibley Lawyers and in particular Jack McDonald.
Hayley Reid
I have needed the services of Sibley Lawyers for a couple of years now. They are extremely thorough, knowledgeable and above all approachable and trustworthy. They have been dealing with my protracted issue that has been handled very professionally and successfully at every turn. When this is all concluded I hope to never need their services again but if I, or anyone I know does, Sibley will be the first call. Thanks team.
Amy Reeve
I have been a Sibley Client since 2021. Justin and his team are very knowledgeable in their legal profession and have provided me the advice and support needed. I had some oustanding pay queires that needed to be resovled with my employer, the Sibley team acted on this very swiftly resulting in a postive outcome for me. I highly reccommend their service.
Brett Rawlings
I’ve been a client with Sibley Lawyers Employment Law Services over the past couple years. They have saved my job and helped me out with certain enquiries and never once have they not cared about their clients. I highly recommend and it is a must. Join up today
Cass Jefferson
Justin Sibley and his team are the consummate professionals in law.
I have used his services as a retained client as a Qld Government employee, as well as being a personal client. Justin always impresses me. When push comes to shove, you need someone like Justin in your corner. Not only does he understand the law and all of its complex mechanics, but he has the ability to win with his attention to detail, unwaivering knowledge and courtroom charisma. As mentioned I Highly Recommend Sibley Lawyers to anyone needing legal representation, they’re a tremendous firm.
Luke Doherty
Sibley law and especially Nick Ware are amazing and I could not recommend a better criminal defence lawyer.
He’s professional, personable and very thorough. Always put my worries and mind at ease with his professional advice and very contactable, not fobbed off to a secretary.
The outcome of what I wanted, happened and I was also upfront and honest from the start with no judgement whatsoever from Nick.
I went into the experience alone and can really say I have come out with a great result and someone I’ll call a mate.
OTher services
Don't Let Unfair Treatment at Work Go Unchallenged
If you believe you’ve been subjected to adverse action by your employer, it’s crucial to act quickly. There are strict time limits for lodging General Protections applications, so don’t delay in seeking legal advice. We’ll listen to your story, answer your questions, and provide you with the expert guidance and support you need to protect your rights and secure justice.
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