When does Breach of Work Place Rights occur?
TheFair Work Act 2009 has increased protections for employees
from adverse action by their employer. Adverse action can occur
- dismisses an employee;
- injures an employee in their employment;
- alters the position of the employer to the employees'
- discriminates between employees ;
- refuses to employ or discriminates against a prospective
- A Principal takes similar action against independent
contractors or prospective independent contractors.
What Workplace Rights do I have?
Workplace rights are broadly defined and include:
- protection from adverse action;
- protection from coercion;
- protection from misrepresentation about their right;
- protection from being denied the benefit of an Award, or an
Agreement, or a workplace law;
- being able to make a complaint or inquiry under a workplace
- having a role or responsibility in an industrial
- undue influence or pressure in relation to:
- individual flexibility arrangements under modern awards and
- guarantees of annual earnings;
- deductions from wages;
- other general protections such as:
- the employee is denied benefits simply because the employer has
represented the employee as an independent contractor;
- the employee is dismissed for temporary absence from work.
This area of the legislation can be complex. If you believe your
employer has taken adverse action against you because of a
workplace right, you should contact Andersons Solicitors on 8238
6666 to arrange an initial free consultation with one of our
experienced employment and industrial law team members.