General Protections Overview

Written By Crawford De Carne

The Fair Work Act 2009 provides a range of general protections for employees which include:

  • An employer must not make adverse action based on discrimination because of: 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.

  • An employer must not dismiss an employee because they are temporarily absent from work because of illness or injury;

  • A person must not take adverse action against another person because they have or exercise a workplace right;

  • An employer must not dismiss, threaten to dismiss an employee to engage or represent them as an independent contractor;

  • A person must not coerce another person regarding exercising a workplace right;

  • An employer must not exert undue influence or undue pressure for employees to enter into an individual agreement;

  • A person must not make misrepresentations about the workplace rights of another person; and

  • Employees who engage in industrial activity have several protections.

Claims regarding general protections are usually filed in the Fair Work Commission, which will attempt to resolve the matter through conciliation. When conciliation does not resolve the matter, the claim is then prosecuted in the Federal Court or the Federal Circuit Court.

For more information on this topic, see our in-depth article here.

 

The article, the content and references made are intended to keep an audience updated with information. It is not intended that the article or part of it should be relied upon as advice. Information provided may not apply to in all circumstances or in particular situations. If you do want particular advice or you have any questions, we welcome you to contact us on (02) 9189 5905 or at general@cdclaw.com.au

  

Crawford De Carne
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