Unlawful Dismissal/ Adverse Action/ Breach Of Workplace Rights

The Fair Work Act provides protections of certain rights.  It is unlawful to dismiss an employee for any one of the prohibited reasons stipulated in the Fair Work Act.

What are the protections? 

  • Workplace rights. This is broadly defined under the Fair Work Act and applies where an employee is entitled to a benefit or role under a workplace law or award or enterprise agreement, to seek compliance with a workplace law, for example the correct pay or leave entitlement.
  • Industrial activities. The right to become a member of a union or industrial organization.
  • Adverse Action. This occurs in the following circumstances. When an employer threatens or organizes the following. Dismissing an employee, injuring them in their employment, altering their position to their detriment, or discriminating between them and other employees.
  • This includes protection from adverse action because of the employee’s race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

Initially, these claims are heard in person in the Fair Work Commission by way of a conciliation conference.  If not settled at the conciliation conference they can proceed to the Federal Court of Australia.

The employer bears the onus of proof in these claims

Contact us for further information 1800 875 404

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