The Fair Work Act 2009 (Cth) (FWA) provides protection for employees who have a workplace right, exercise their workplace rights or proposes to exercise their rights and prevents an employer from taking adverse action against the employee.
A work place right has a broad definition. A person has a workplace right if they:
An adverse action includes dismissing or refusing to employ someone, discriminating against them, or otherwise injuring them in their employment. An example of this is a demotion or a reduction of ordinary work hours.
All employers, employees and contractors are free to join (or not) join trade unions or employer associations and engage or not engage in industrial activities. Adverse action cannot follow as a result of participation or non-participation in industrial activities.
Adverse action cannot be taken against an employee or potential employee because of their race, colour, sexual orientation, sex, age, disability, marital status, pregnancy, family/carer responsibilities, religion, political views, social origin or national extraction.
These laws apply to the following:
There are two main types of claims:
If an employee believes they have been subject to a general protections breach, they can lodge a complaint with the Fair Work Ombudsman (FWO).
An employee can also apply to the Fair Work Commission (FWC) who also deals with complaints under the general protections provisions.
If there has been an apparent or alleged contravention of the general protections under the FWA, or a complaint has been made, contact our office today to see how we can assist you with your employment law matter.
If you are already in a dispute, a threat is apparent to your rights, need to know what your rights are or urgently need to representation , Aitken Whyte Lawyers will provide you with commercial and practical advice and aggressive but fair representation to protect and pursue your valuable rights and interests. We are focused on results, have significant experience in fighting litigation in all tribunals, commissions and courts and offer services second to none.