The General Protections provisions of the Fair Work Act 2009 provide protections for employees (and others) from adverse action because:
- the person has exercised a workplace right. Common examples of workplace rights are the right to make a complaint or enquiry, to take personal or annual leave and the right to a safe workplace;
- the person is temporarily absent due to illness or injury;
- the person has engaged in industrial activity, like being a member of a union or seeking collective bargaining; or
- of the person’s race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
“Adverse Action” includes dismissal but also includes any action that injures the employment of the employee, alters the position of the employee to the employee’s prejudice or discriminates between the employee and other employees.
In most cases, establishing that adverse action has been taken is relatively simple. Legal complexities often arise when determining whether the adverse action was taken because of a prohibited reason.
It is imperative that you seek immediate legal advice if you want to make a claim, or a claim is made against you. Strict time limits apply to general protections applications involving dismissals.
Speak to our employment law expert, James Blaxland.
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