Protecting your Workplace Rights: General protections claims (without dismissal)
05 May 2024
by Roland Müller
PCL Lawyers
Navigating the complexities of a workplace dispute can be daunting and it is important that you are aware of your rights when you are in dispute with your employer. Often, an employee might give in to their employer in order to keep their job. They may not use rights available to them to avoid difficult negotiations, for fear of victimisation, or because they may simply not know their options.
General protections do not only protect against dismissal If you believe your employer has taken unlawful adverse action against you and you still have your job, but it is also crucial that you understand your options under the general protections provisions of the Fair Work Act 2009.
This article aims to provide you with a clear and informative overview of general protections claims (without dismissal) and empower you to make informed decisions regarding your employment rights. It may also help as useful background when seeking advice.
What are General Protections?
General protections are fundamental rights enshrined in the Fair Work Act which safeguard employees from a range of unfair and discriminatory practices by their employers. Put simply, these protections encompass various aspects of employment, including:
workplace rights: your right to entitlements under awards, agreements, and legislation, as well as your right to participate in industrial activities, make inquiries, and raise concerns without fear of retaliation.
freedom from discrimination: you are protected against discrimination based on various factors such as your race, gender, age, religion, sexual orientation, political opinion, and disability.
freedom from coercion and undue influence: your employer cannot pressure or influence you into making decisions against your interests or legal rights.
freedom from misrepresentation: you have the right to accurate and honest information about your employment, including wages, conditions, and benefits.
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