1. An employee can file a General Protections claim (dismissal) even if they resigned
If an employee resigns because of the employer’s conduct, such as bullying, threats, or being pressured to accept worse employment conditions than those previously experienced, the employee may still be eligible to file a General Protections claim (GP Claim). In these types of cases the resignation may be categorised as constructive dismissal, and the courts will look at whether the employee was essentially forced out. A resignation is not a ‘get out of jail free’ card.
2. You don’t need to intend harm to breach the Fair Work Act
In GP claims, intention is not the deciding factor. What matters is whether the adverse action was taken because of a protected reason (like a workplace complaint, industrial action or temporary absence due to illness). Even well-meaning decisions can breach the law if the reason overlaps with a protected attribute or right.
3. In a General Protections Claim, the reverse onus of proof means the employer has to prove the dismissal was not connected to a protected right or attribute
In GP claims, once an employee shows they had a protected attribute or exercised a workplace right, and suffered an adverse action, the burden shifts to the employer to prove that the action was not taken for a prohibited reason. This is very different to unfair dismissal claims.
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