Before you issue a warning, finalise a PIP outcome, or move towards ending an educator's employment, work through this short assessment. It flags general protections risks under the Fair Work Act so you can pause and get advice before, not after.
An educator can bring a general protections claim if a decision you make, a warning, a PIP outcome, a termination, is connected to a protected attribute (age, pregnancy, disability, carer responsibilities, race, religion, sexuality) or to their exercise of a workplace right (making a complaint, taking leave, raising a safety concern, a workers compensation claim).
The claim does not have to prove you intended to discriminate. It is enough that the connection is arguable, and the burden shifts to you to show the decision was made for a lawful reason. Claims can be costly and time-consuming, and the window to file is short (21 days if dismissed).
This is not a yes or no tool. It will not tell you whether to proceed. It will tell you whether the risk is high enough that the next step should be a call to your HR advisor or workplace lawyer.
Answer each question based on what you know about the educator, the situation, and the decision you are considering. Leave none blank, a missing answer means a missing risk flag.
Important: This assessment is a risk-flagging tool designed for Service Managers in regional early education services. It is general information, not legal advice. A high or critical score does not mean you cannot proceed, it means you should speak to a workplace lawyer or your HR advisor before you do. A low score does not clear you to act, you still need procedural fairness, a documented reason, and the right process.