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Fair Work & DismissalAustralia
General Protections Application — Dismissal (Form F8, Australia)
If you were dismissed because you exercised a workplace right — making a complaint, claiming an entitlement — or because of a protected attribute such as race, sex, age, disability or carer's responsibilities, a general protections claim is often stronger than unfair dismissal: the compensation is uncapped and the employer carries the burden of proof. Our Australian template builds the grounds to attach to your Form F8 under the Fair Work Act 2009 (Cth): it links the adverse action to your workplace right, frames the section 361 reverse onus, and sets out the remedy — within the same strict 21-day deadline.
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General Protections Application — Grounds and Submissions
In Support Of An Application Under S 365 Of The Fair Work Act 2009 (Cth) (Dismissal) · 9 June 2026
Priya N. Sharma
8/214 Beaufort Street, Mount Lawley WA 6050
0418 663 921
priya.sharma@email.com.au
9 June 2026
The General Manager, Fair Work Commission
Fair Work Commission
GPO Box 1994
Melbourne VIC 3001
GPO Box 1994
Melbourne VIC 3001
GENERAL PROTECTIONS — DISMISSAL — GROUNDS AND SUBMISSIONS (FORM F8)
Applicant: Priya N. Sharma · Respondent: Brightside Hospitality Group Pty Ltd
To the Fair Work Commission,
I, Priya N. Sharma, apply under section 365 of the Fair Work Act 2009 (Cth) for the Commission to deal with a general protections dispute involving my dismissal by Brightside Hospitality Group Pty Ltd, which took effect on 28 May 2026. These grounds and submissions accompany my Form F8. I say that the dismissal was adverse action taken because of the exercise of a workplace right, in contravention of Part 3-1 of the Act.
I, Priya N. Sharma, apply under section 365 of the Fair Work Act 2009 (Cth) for the Commission to deal with a general protections dispute involving my dismissal by Brightside Hospitality Group Pty Ltd, which took effect on 28 May 2026. These grounds and submissions accompany my Form F8. I say that the dismissal was adverse action taken because of the exercise of a workplace right, in contravention of Part 3-1 of the Act.
1.
APPLICANT AND EMPLOYMENT DETAILS
Applicant: Priya N. Sharma
Employer (respondent): Brightside Hospitality Group Pty Ltd (ABN 29 087 553 410)
Position held: Venue Supervisor
Employment commenced: 6 November 2023
Telephone: 0418 663 921
Email: priya.sharma@email.com.au
Employer (respondent): Brightside Hospitality Group Pty Ltd (ABN 29 087 553 410)
Position held: Venue Supervisor
Employment commenced: 6 November 2023
Telephone: 0418 663 921
Email: priya.sharma@email.com.au
2.
THE DISMISSAL AND ADVERSE ACTION
Date the dismissal took effect: 28 May 2026
The adverse action complained of is the dismissal of my employment, which is adverse action within the meaning of section 342 of the Fair Work Act 2009 (Cth).
An application under section 365 must be made within 21 days after the dismissal took effect (section 366(1)). That period ends on 18 June 2026 (if that day is a public holiday it moves to the next business day). The Commission may allow further time only in exceptional circumstances (section 366(2)).
The adverse action complained of is the dismissal of my employment, which is adverse action within the meaning of section 342 of the Fair Work Act 2009 (Cth).
An application under section 365 must be made within 21 days after the dismissal took effect (section 366(1)). That period ends on 18 June 2026 (if that day is a public holiday it moves to the next business day). The Commission may allow further time only in exceptional circumstances (section 366(2)).
3.
THE BASIS OF THE CLAIM
A workplace right, defined in section 341 of the Fair Work Act 2009 (Cth), includes an entitlement, role or responsibility under a workplace law or instrument, the ability to participate in a process or proceeding under a workplace law, and the ability to make a complaint or inquiry in relation to my employment. Section 340 prohibits an employer taking adverse action — including dismissal — against an employee because the employee has, has exercised, or proposes to exercise such a right.
What happened: Two weeks after I made a written complaint about unpaid overtime and a rostering safety concern, I was dismissed with the explanation that the venue was "going in a different direction". I had no prior performance issues. The timing and the manager's comment that I was "making trouble" show the dismissal was because I exercised my workplace right to complain about my employment.
What happened: Two weeks after I made a written complaint about unpaid overtime and a rostering safety concern, I was dismissed with the explanation that the venue was "going in a different direction". I had no prior performance issues. The timing and the manager's comment that I was "making trouble" show the dismissal was because I exercised my workplace right to complain about my employment.
4.
OUTCOME SOUGHT
I ask, through the Commission's process and (if necessary) the Court, for reinstatement and compensation for the loss I have suffered. I note that, unlike an unfair dismissal claim, compensation for a general protections contravention is not capped, and the Court may also order pecuniary penalties for the contravention.
5.
ADVERSE ACTION AND THE WORKPLACE RIGHT
A workplace right, defined in section 341 of the Fair Work Act 2009 (Cth), includes an entitlement, role or responsibility under a workplace law or instrument, the ability to participate in a process or proceeding under a workplace law, and the ability to make a complaint or inquiry in relation to my employment. Section 340 prohibits an employer taking adverse action — including dismissal — against an employee because the employee has, has exercised, or proposes to exercise such a right.
The right(s) relied on:
I made a complaint or inquiry in relation to my employment that I was able to make (s 341(1)(c)) — for example about pay, safety, or my conditions.
The dismissal was taken because of that right or attribute. It is enough that the prohibited reason was a substantial and operative reason for the action, even if it was one of several reasons (s 360). As the High Court confirmed in Qantas Airways Ltd v Transport Workers' Union of Australia [2023] HCA 27, section 340(1)(b) also prohibits adverse action taken to prevent the exercise of a presently-held or future workplace right.
How the dismissal was connected to the right: On 12 May 2026 I emailed the operations manager raising unpaid overtime for the prior three months and a concern that solo closing shifts were unsafe. On 14 May 2026 the manager replied that I was "making trouble". On 28 May 2026 I was dismissed, effective immediately, with no reason beyond "a different direction". No performance concern had ever been raised with me in 18 months.
The right(s) relied on:
I made a complaint or inquiry in relation to my employment that I was able to make (s 341(1)(c)) — for example about pay, safety, or my conditions.
The dismissal was taken because of that right or attribute. It is enough that the prohibited reason was a substantial and operative reason for the action, even if it was one of several reasons (s 360). As the High Court confirmed in Qantas Airways Ltd v Transport Workers' Union of Australia [2023] HCA 27, section 340(1)(b) also prohibits adverse action taken to prevent the exercise of a presently-held or future workplace right.
How the dismissal was connected to the right: On 12 May 2026 I emailed the operations manager raising unpaid overtime for the prior three months and a concern that solo closing shifts were unsafe. On 14 May 2026 the manager replied that I was "making trouble". On 28 May 2026 I was dismissed, effective immediately, with no reason beyond "a different direction". No performance concern had ever been raised with me in 18 months.
6.
THE REVERSE ONUS OF PROOF
Once I establish, as objective facts, that adverse action was taken and that I had the workplace right or protected attribute relied on, section 361 of the Fair Work Act 2009 (Cth) presumes the action was taken for that reason unless the employer proves otherwise. The employer therefore carries the onus of proving, on the balance of probabilities, that the dismissal was not taken because of my right or attribute. As the High Court held in Board of Bendigo Regional Institute of TAFE v Barclay [2012] HCA 32, that question turns on the true reason in the mind of the decision-maker, and the employer must lead direct and credible evidence of its actual reasons to discharge the onus.
The close timing between my exercise of the right (or the employer becoming aware of the attribute) and the dismissal supports the inference that the prohibited reason was operative, and adds weight to the matters the employer must explain.
The objective facts I rely on: The objective facts are: (1) I made a complaint about my employment on 12 May 2026 — a workplace right under s 341(1)(c); (2) adverse action (dismissal) was taken on 28 May 2026 — adverse action under s 342; and (3) the two were 16 days apart with no intervening performance issue.
What the decision-maker knew: The operations manager who dismissed me was the same person who received my complaint and wrote that I was "making trouble". The employer will need to lead that person's evidence to show the complaint was not an operative reason.
The close timing between my exercise of the right (or the employer becoming aware of the attribute) and the dismissal supports the inference that the prohibited reason was operative, and adds weight to the matters the employer must explain.
The objective facts I rely on: The objective facts are: (1) I made a complaint about my employment on 12 May 2026 — a workplace right under s 341(1)(c); (2) adverse action (dismissal) was taken on 28 May 2026 — adverse action under s 342; and (3) the two were 16 days apart with no intervening performance issue.
What the decision-maker knew: The operations manager who dismissed me was the same person who received my complaint and wrote that I was "making trouble". The employer will need to lead that person's evidence to show the complaint was not an operative reason.
7.
DISCRIMINATION AND PROTECTED ATTRIBUTES
I note the employer may seek to rely on the defences in section 351(2) — that the action is not unlawful under an anti-discrimination law in force where it was taken, or is based on the inherent requirements of the position. Neither defence applies here: the reason was the attribute itself, not any genuine inherent requirement of the role.
8.
REMEDY AND COMPENSATION
A general protections contravention attracts uncapped compensation in the Federal Court or the Federal Circuit and Family Court of Australia — covering both economic loss (lost wages and superannuation) and non-economic loss (distress and hurt) — together with pecuniary penalties payable for the contravention, and reinstatement where appropriate.
Economic loss: Lost wages from 28 May 2026 until I find comparable work, at about 1,650 AUD gross per week, plus 12% superannuation, less anything I earn in the meantime.
Non-economic loss: The abrupt dismissal and the "making trouble" comment caused significant distress and anxiety, for which non-economic loss is sought — an amount not available in an unfair dismissal claim.
If the dispute is not resolved at the Commission conference and the Commission issues a certificate under section 369, I intend to commence proceedings in the Federal Circuit and Family Court of Australia under section 370 within the 14-day period that then applies.
Economic loss: Lost wages from 28 May 2026 until I find comparable work, at about 1,650 AUD gross per week, plus 12% superannuation, less anything I earn in the meantime.
Non-economic loss: The abrupt dismissal and the "making trouble" comment caused significant distress and anxiety, for which non-economic loss is sought — an amount not available in an unfair dismissal claim.
If the dispute is not resolved at the Commission conference and the Commission issues a certificate under section 369, I intend to commence proceedings in the Federal Circuit and Family Court of Australia under section 370 within the 14-day period that then applies.
9.
CONFERENCE AND NEXT STEPS
I ask the Fair Work Commission to deal with this dispute by conference under section 368 in the first instance, and I am willing to take part in good faith. If the dispute is not resolved, I ask the Commission to issue a certificate under section 369 so that the matter can proceed to the Federal Circuit and Family Court of Australia, or to arbitrate the dispute by consent. I confirm that the Fair Work Commission is the correct body for this application — it is not a matter for the Fair Work Ombudsman.
YOURS FAITHFULLY,
Priya N. Sharma
Applicant
Date: ____________________
APPLICANT
Priya N. Sharma
Date: ____________________
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What Is a General Protections Application?
A general protections application says your employer took <strong>adverse action</strong> — here, dismissal — against you for a <strong>prohibited reason</strong>. It is made on <strong>Form F8</strong> under section 365 of the <strong>Fair Work Act 2009 (Cth)</strong> when the claim involves dismissal, and the <strong>Fair Work Commission</strong> deals with it by conference before it can go to court. The prohibited reasons include exercising a workplace right (ss 340-341), a protected attribute (s 351), a temporary absence due to illness or injury (s 352), and industrial activity (ss 346-347).
The two big advantages over unfair dismissal are the <strong>reverse onus</strong> and <strong>uncapped compensation</strong>. Under section 361, once you show the adverse action and the existence of the workplace right or attribute, the employer must prove the action was <strong>not</strong> taken for that reason. And because the matter is decided in the Federal Court or Federal Circuit and Family Court, compensation is not capped — it covers both economic loss and non-economic loss (distress), plus penalties.
The deadline is the same as unfair dismissal: a dismissal-related application must be made within <strong>21 days</strong> after the dismissal took effect (s 366), extended only in exceptional circumstances. You cannot run an unfair dismissal claim and a general protections dismissal claim about the same dismissal, so the choice of pathway matters. The template calculates the 21-day deadline and builds the causation and reverse-onus arguments the Commission and the employer have to meet.
What's Covered in This Template
The grounds follow the structure of a general protections claim — the adverse action, the workplace right, causation, the reverse onus and the remedy — and adapt to the basis of your claim.
Calculated 21-Day Deadline
Enter the date the dismissal took effect and the template works out the s 366 lodgment deadline, rolling weekends to the next business day.
Basis-Aware Framework
Choose workplace right, discrimination, temporary illness absence or industrial activity — the grounds write the matching framework (ss 340-341, 351, 352 or 346-347) around your facts.
Adverse Action & Causation
Links the dismissal to your workplace right and shows the connection — timing and the decision-maker's words — engaging Qantas v TWU on present and future workplace rights.
The Reverse Onus (s 361)
Frames the building blocks that shift the burden to the employer, citing Bendigo TAFE v Barclay on the decision-maker's true reasons.
Discrimination Grounds
Where a protected attribute is the reason, identifies the attribute under s 351, shows less favourable treatment, and answers the inherent-requirements defence.
Uncapped Remedy
Sets out economic and non-economic loss and pecuniary penalties — compensation here is not capped, unlike an unfair dismissal claim.
Conference to Court Path
Positions the Commission conference under s 368 and the s 369 certificate that opens the door to the Federal Circuit and Family Court under s 370.
Formal Australian Format
Letterhead, the Fair Work Commission as recipient, a subject line and a single applicant signature block — ready to attach to your Form F8.
How to Create Your General Protections Grounds
Five steps from the dismissal to a lodged Form F8 with grounds the employer must answer.
- 1
Identify Why You Were Dismissed
Choose the basis — a workplace right, a protected attribute, a temporary illness absence, or industrial activity. The template writes the matching legal framework.
- 2
Check the Deadline
Enter the date the dismissal took effect; the template calculates the 21-day deadline under s 366. Lodge promptly — extensions need exceptional circumstances.
- 3
Link the Action to the Right (Expert)
Set out the workplace right you exercised and how the dismissal was connected — the sequence, the timing and any statements by the decision-maker.
- 4
Frame the Reverse Onus (Expert)
State the objective facts that trigger s 361 and identify the decision-maker, so the employer must lead evidence of its real reasons.
- 5
Lodge the Form F8 and Attach the Grounds
Lodge Form F8 through the Fair Work Commission, attach these grounds, and keep proof of the lodgment date. The fee for 2025-26 is $89.70, waivable for hardship.
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Legal Considerations
General protections is a powerful but technical part of the Fair Work Act, with a reverse onus, an uncapped remedy and a strict deadline.
This template provides general information for employees in the Australian national workplace relations system and is not legal advice. General protections claims are dealt with by the Fair Work Commission, then the courts — not the Fair Work Ombudsman. Because the law is technical and the remedy uncapped, advice from an employment lawyer or your union is valuable, especially before a court step. You cannot run an unfair dismissal claim and a general protections dismissal claim about the same dismissal.
Reviewed for Australian employment law
Adverse Action and Workplace Rights (ss 340-342)
Section 340 of the <strong>Fair Work Act 2009 (Cth)</strong> prohibits adverse action — including dismissal (s 342) — against a person because they have, exercise or propose to exercise a <strong>workplace right</strong>. A workplace right (s 341) includes an entitlement under a workplace law or instrument, participation in a process, and the ability to make a complaint or inquiry about employment. In <strong>Qantas v TWU [2023] HCA 27</strong> the High Court confirmed s 340(1)(b) also catches action taken to prevent a future workplace right.
The Reverse Onus (s 361)
Once you establish the adverse action and the existence of the workplace right or attribute as objective facts, <strong>section 361</strong> presumes the action was taken for that reason unless the employer proves otherwise. In <strong>Board of Bendigo Regional Institute of TAFE v Barclay [2012] HCA 32</strong>, the High Court held the question turns on the true reason in the decision-maker's mind, so the employer must put on direct, credible evidence of why it acted. A single prohibited reason among several is enough (s 360).
Discrimination Grounds (s 351)
Section 351 prohibits adverse action because of a protected attribute — race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin. The employer may rely on the defences that the action is not unlawful under an applicable anti-discrimination law, or is based on the inherent requirements of the position — which the grounds anticipate and answer.
The 21-Day Deadline and the Path to Court (ss 366, 368-370)
A general protections application involving dismissal must be made within <strong>21 days</strong> after the dismissal took effect (s 366), extended only in exceptional circumstances. The <strong>Fair Work Commission</strong> deals with the dispute by conference (s 368); if it is not resolved, the Commission issues a certificate (s 369) and you may start proceedings in the Federal Circuit and Family Court of Australia within 14 days (s 370), unless both parties agree to Commission arbitration.
Related Australian Templates
If your claim is really about whether the dismissal was harsh, unjust or unreasonable, use our unfair dismissal application (Form F2) instead — but you cannot run both. For unpaid wages or entitlements, see our wage underpayment demand letter; for workplace bullying or sexual harassment, our stop bullying and sexual harassment application (Form F72). Our casual conversion notice and termination letter cover related Fair Work situations.
Frequently Asked Questions
Put the Burden Where It Belongs
Create your general protections grounds in minutes: the adverse action linked to your workplace right, the s 361 reverse onus framed, and the uncapped remedy set out — in formal Australian format. Download the PDF free, or unlock Expert for the full causation, reverse-onus, discrimination and remedy sections.
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