Boss yelling at employee for missing deadline, bad work results

General Protections claims – beware of personal liability

It has been more than 8 years since the Fair Work Act 2009 (Cth) (the Act) came into force, however many business owners and senior managers are unaware of the existence and effect of the “General Protections” regime contained in Part 3-1 of the Act.

Part 3-1 of the Act provides protection of a person’s workplace rights. Employers can find themselves in contravention of Part 3-1 if they engage in conduct that amounts to “adverse action” being taken against an employee. Adverse Action includes (but is not limited to) the dismissal of an employee, injuring an employee in their employment, altering the position of an employee to the employee’s detriment or an employer discriminating between employees.

We have seen an increasing trend with applicants in General Protections matters bringing claims not only against their employer but also against the employer’s owners and directors – even line managers and supervisors – personally.  These individuals often do not initially appreciate that they are being sued personally.

Typically the first question that we are asked by individuals who have been personally joined to a General Protections claim is: “I am not the employer so how can this person be suing me?”

The answer is found in s.550(2) of the Act, which states that an individual person is involved in (and can therefore be liable for) a contravention committed by another party where that person has:

  1. aided, abetted, counselled or procured the contravention; or
  2. induced the contravention, whether by threats or promises or otherwise; or
  3. been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or
  4. conspired with others to effect the contravention.

Often individuals who have been joined as a party to a General Protections matter have done none of the above things and have been joined as a party merely to provide a strong incentive to settle the matter as quickly as possible. Despite this, involvement in the matter personally is not trivial and can incur significant personal time, effort and expense.

It is very important that managers at all levels within a business are aware of Part 3-1 of the Act and that they tread carefully whenever a substantial change is proposed to the terms upon which an individual employee is engaged. Middle managers in particular need to be aware that “just doing what senior management wants” could result in a disgruntled employee suing them personally.

When looking to resolve employment law matters, prevention is the best cure.  If you have a query relating to any of the information in this article, or you would like to speak with a lawyer in Coleman Greig’s Employment Law team with regard to difficulties that you’re having with regard to the management of an employee, please contact us prior to taking any significant steps so that you can avoid potentially creating a bigger problem.

Disclaimer: This article is for general information purposes only and is not a substitute for legal advice. For more details, please read our full disclaimer.

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

Year-end land tax and foreign surcharge – What you need to know

With 31 December 2025 fast approaching, if you have not done so already, we encourage you to review/double check your property arrangements and documentation. Assessments for land tax and foreign surcharge are issued around this time, and understanding your obligations now can help you avoid unexpected liabilities.

Key changes to Paid Parental Leave under Baby Priya’s Law

Last month, the Australian Government passed landmark legislation called the Fair Work Amendment (Baby Priya’s) Act 2025, providing additional protections for employees who receive employer-funded paid parental leave.

A father and daughter look at a tablet together
Changing a child’s name after separation

Separation can bring with it a range of emotions and the dispute between separating parents can be far and wide, including whether the surname of a child should be retained or changed.

Photo of a woman handing a child a bag
When child support doesn’t cover the costs – What you can do

In Australia, child support is governed by the Child Support (Assessment) Act 1989 (Cth). It is processed through Services Australia (Child Support) where a formulaic approach is taken to determine the amount of child support payable by one parent to the other.

A close up of a gavel
With or without you – Undefended hearings in Family Law

If a party has commenced family law proceedings in the Federal Circuit and Family Court of Australia (whether in relation to parenting or property matters) and the Respondent does not participate, the matter can, and eventually will, proceed without them.

© 2025 Coleman Greig Lawyers  |  Sitemap  |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230