Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for pursuing a general protections dismissal claim before the Fair Work Commission. Designed explicitly for plaintiff employment lawyers, this guide addresses the adverse action requirements under Part 3-1 of the Fair Work Act 2009 (Cth), as amended by the Closing Loopholes Acts 2023/2024 (fully commenced).
Jurisdiction: This guide applies to federal employment law disputes within Australia and proceedings before the (), with contested matters proceeding to the (FCFCOA).
Key Case Law: TWU v Qantas Airways [2023] HCA 27 / [2025] FCA 971 ($90M penalty - largest ever; employers cannot take adverse action to prevent exercise of FUTURE workplace rights); Technology One (Federal Court, December 2025) ($58M claim dismissed - critical to identify exactly 'who made the decision to terminate' when rebutting s 361 presumption). Additional forms are accessible via the Australia Government Portal.
CRITICAL STRATEGIC ELECTION: An employee CANNOT pursue both an unfair dismissal application AND a general protections dismissal claim for the same dismissal (s 725). This is a one-way door. GP is generally preferred where: (a) employee earns above the high-income threshold ($183,100 from 1 July 2025) and is not award-covered; (b) employee has not completed the minimum employment period; (c) there is strong evidence of a prohibited reason with the reverse onus under s 361; (d) damages are likely to exceed the UD cap ($91,550). Additional procedural resources can be found on the Australia Government Portal and the Federal Register of Legislation.
The Process at a Glance: Unlike standard unfair dismissal, a general protections claim is initiated using FWC Form F8. It requires proving the employer took adverse action (dismissal) because the employee exercised a workplace right, had a protected attribute (e.g. race, age, sex, disability), or was temporarily absent due to illness. A major feature of these claims is the reverse onus of proof under s361 - once adverse action is proved, the employer must prove it was NOT because of the protected reason. The process involves lodging the Form F8 within 21 days, attending an FWC conference, and, if unresolved, electing to commence court action within 14 days of certificate issue.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Employment Law: Unfair Dismissal (Applicant) - General Protections Claim Alternative matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for L&E_LITIGATION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Identify the workplace right or protected attribute and compile evidence of the adverse action.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Reverse onus of proof under s 361 Fair Work Act 2009 (Cth) - once adverse action is proved, the employer must prove the action was NOT taken because of the protected reason. This is a 'substantial and operative reason' test: if a prohibited reason was one of several reasons, the employer will likely be unable to discharge the onus.
TWU v Qantas Airways [2023] HCA 27; [2025] FCA 971 - the subjective intent and knowledge of the actual decision-maker is the key factor when assessing whether the reverse onus has been discharged.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
s 725 Fair Work Act 2009 (Cth) - an employee CANNOT pursue both general protections and unfair dismissal for the same dismissal. This election is irrevocable once made.
General Protections offers unlimited compensation and the reverse onus under s 361. Unfair dismissal has a capped remedy ($91,550 from 1 July 2025) but provides a quicker, cheaper pathway through the FWC.
The high-income threshold is $183,100 from 1 July 2025. General Protections proceedings that proceed to court carry a substantially higher costs risk and legal spend ($50,000-$200,000+ through to trial).
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Draft and file the FWC Form F8 application within the strict 21-day timeline.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Represent the applicant at the FWC conference and secure a certificate if unresolved.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.