Under the Fair Work Act, you have certain rights or General Protections as an employee.
To put it simply, an employer must not treat you adversely (in a way that is detrimental to your interests) because of a workplace right or your action under a workplace right.
Your workplace rights include:
- benefits, roles and responsibilities under a workplace law or industrial instrument
- taking part in processes under a workplace law or industrial instrument, including attending court or a conference with the Fair Work Commission
- making an enquiry or complaint in relation to your employement to your employer or to a body that has the power to enforce compliance with a workplace law or industrial instrument
What is adverse action?
Your employer may be found to have treated you adversely if you exercise one of the rights above and as a direct result your employer:
- dismisses you
- demotes you
- alters your position to your detriment
- discriminates between you and other employees
What can I do?
Talk to us. In a situation where you have been dismissed there is a 21 day time limited to lodge a complaint with the Fair Work Commission. We can help you with that.
If you haven’t been dismissed but want advice about how to manage the situation then we are also happy to have a confidential, no obligation discussion with you about a possible adverse action claim.
Having your rights trampled on just isn’t fair. If we think you have a claim, and its worth pursuing …then we’ll do our best to go ‘the extra mile’ to help you get what you deserve.