Have you got some questions about the JobKeeper payment? If asking your employer about it, pay attention to how they react…
Can you be fired for asking your employer about the JobKeeper payment? In short, no.
Recent media reports indicate that some employees have had their employment terminated for asking about the JobKeeper payment.
Can an employer lawfully terminate someone’s employment for asking these kinds of questions? No, and to explain why this is the case, the following is a summarised explanation of what makes this what we call, adverse action, and would likely give rise to a claim against the employer:
Putting questions to your employer about your employment – for example, asking about the JobKeeper payment, asking about your correct rate of pay etc. – would likely be considered an enquiry in relation to your employment.
Making complaints or enquiries in relation to your employment is a workplace right (see section 341(1)(c)(ii)) under the Fair Work Act. What this means is, if you make a complaint or enquiry, and your employer reacts negatively, depending on what that may look like, this could be considered unlawful adverse action.
Adverse action can take many forms, for example, a reduction in hours, discrimination, a change in remuneration, a demotion or even termination of your employment.
What can you do if you believe adverse action has been taken against you? By way of general guidance, take your own notes of dates, times, conversations etc. and, most important, get legal advice specific to your employment.
We have extensive experience in relation to adverse action claims and can provide a free assessment of your matter. If you’re unsure, it’s better to be safe than sorry.