---
title: "General protections (dismissal) claim assessment memo"
url: "https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations/general-protections-claim-assessment"
type: "precedent"
site: "AI Law Framework"
id: "a15-general-protections-claim-assessment"
area_id: "A15"
kind: "memo"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-17"
---

# General protections (dismissal) claim assessment memo

> Internal memo template that tests a general protections dismissal claim: time limits, forum and election, the protected right or attribute, adverse action, the reverse onus on reasons, exceptions, remedies and next…

Canonical page: https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations/general-protections-claim-assessment  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

Internal memo template that tests a general protections dismissal claim: time limits, forum and election, the protected right or attribute, adverse action, the reverse onus on reasons, exceptions, remedies and next steps.

## Key facts

- Kind: Memo. An internal or advice memo.
- Practice area: [Anti-Discrimination & Industrial Relations](https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations.md)
- Jurisdictions: Australia
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 8 authorities it cites, for Australia.

## When to use it

Use when advising an employee or employer about a dismissal alleged to be because of a workplace right, industrial activity or protected attribute. For non-dismissal disputes the time limits and FWC process differ (s 372); adapt before use.

## How AI may be used

This is lawyer-led. AI may build the chronology and test dates against the 21-day limit, but deciding the protected right, the decision-maker's reasons and prospects is a judgment for the lawyer.

**AI may:**

- Build a dated chronology from the termination letter, messages and records, with a source for each entry and conflicting dates flagged.
- Calculate the 21-day deadline from the date the dismissal took effect, showing the working.
- List the documents that show what the decision-maker knew and when.

**AI must not:**

- Must not assess the decision-maker's credibility or real reasons.
- Must not give a prospects estimate or remedy range.
- Must not be used to draft a witness's statement or the client's account of events.

**The lawyer checks:**

- The date the dismissal took effect, and the 21-day deadline, are confirmed from documents.
- The client has been advised about election between unfair dismissal and general protections (Part 6-1).
- Every authority cited has been read and is current.
- Any document to be lodged complies with the FWC generative AI Guidance Note from 20 October 2026.

## Authorities

- [Fair Work Act 2009 (Cth) ss 340-342, 346-347, 351-352 (protections, workplace right, adverse action, industrial activity, discrimination, temporary absence)](https://www.legislation.gov.au/C2009A00028/latest/text)
- [Fair Work Act 2009 (Cth) s 361 (reason presumed unless proved otherwise)](https://www.legislation.gov.au/C2009A00028/latest/text)
- [Fair Work Act 2009 (Cth) ss 365, 366, 368, 369, 370 (application within 21 days, conference, certificate, arbitration, court within 14 days)](https://www.legislation.gov.au/C2009A00028/latest/text)
- [Fair Work Act 2009 (Cth) ss 725-732 (multiple actions)](https://www.legislation.gov.au/C2009A00028/latest/text)
- [Fair Work Act 2009 (Cth) ss 545-546 (court orders and pecuniary penalties)](https://www.legislation.gov.au/C2009A00028/latest/text)
- [Board of Bendigo Regional Institute of Technical and Further Education v Barclay 2012 HCA 32](https://www.hcourt.gov.au/cases-and-judgments/judgments/judgments-1998-current/board-bendigo-regional-institute-technical-and-further-education-v-barclay)
- [Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd 2014 HCA 41](https://www.hcourt.gov.au/cases-and-judgments/judgments/judgments-1998-current/construction-forestry-mining-and-energy-union-v-bhp-coal-pty-ltd)
- [Fair Work Commission, Guidance Note: Use of generative artificial intelligence in Commission cases (from 20 October 2026)](https://www.fwc.gov.au/documents/resources/guidance-note-use-of-generative-ai-in-commission-cases.pdf)

## Official form

[Official form](https://www.fwc.gov.au/workplace-disputes/general-protections-and-harmful-adverse-action/general-protections-applications)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations/general-protections-claim-assessment and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*