Responding to a general protections dismissal claim: Form F8A
A general protections claim alleges the dismissal happened because of a protected reason — for example a complaint, a workplace right, or a protected attribute. The employer responds using Form F8A.
The deadline: 7 days after you're served
Lodge your Form F8A with the Fair Work Commission within 7 days after the day you were served with the employee's Form F8 application. The former employer and any other respondents named on the F8 each need to respond; multiple respondents can lodge a joint response.
It is not an unfair dismissal claim
A general protections dismissal application is different from an unfair dismissal application. The Commission deals with it by trying to resolve the dispute — usually at a conference — and, if it can't be resolved, issues a certificate. At this stage the Commission doesn't decide who is right or wrong.
What the Form F8A asks you
- Your contact details, and those of any representative.
- How many employees you had at the date of the alleged dismissal.
- Whether you agree you are a national system employer and that the employee hasn't started another case about the same dismissal — a jurisdictional objection is raised here.
- Whether you agree with the dismissal date the employee gives.
- Any objection that the application was lodged out of time — more than 21 days after the dismissal took effect.
- Your response to the alleged contravention of the general protections, including any contention that there was no contravention.
- Your response to the outcome the employee is seeking.
Any jurisdictional objection you want to raise must be included in the F8A. You may attach any documents you consider relevant.
How WorkForceHelp helps
Upload the Form F8 you were served and your own records. WorkForceHelp works out that it's a general protections matter, fills in the Form F8A from the facts it finds, flags anything missing, and gives you a cover sheet and a next-steps note to review before you lodge. See a sample F8A pack built from a fictional matter.
Upload the application the Commission sent you, plus any documents you have. WorkForceHelp reads them, asks a few questions, and prepares your completed response form, a cover sheet and a next-steps note — ready for you to review and file.
Start my response →General information about the Fair Work Commission process, not legal advice about your matter. WorkForceHelp is not the Fair Work Commission and is not affiliated with it.