What are general protections?
All Australians are protected under the law in certain aspects of employment – these are called your General Protections.
They allow you to exercise a number of workplace rights without being punished or having adverse action taken against you.
It is unlawful for your employer to take adverse action against you for exercising a workplace right, including dismissing you.
What are protected workplace rights?
Your workplace rights include:
- making a complaint or inquiry about your working conditions (like your pay or the hours that you work)
- making a formal complaint about discrimination or sexual harassment
- a temporary absence from work because of an illness or injury
- trade union membership or non-membership
- participation in trade union activities
- being absent from work during maternity leave or other parental leave
- temporary absence from work to volunteer for emergency service activity
What is adverse action?
Adverse action can include:
- changing your working conditions to your disadvantage (like reducing your number of shifts)
- denying you a promotion or professional training
- demoting you
- forcing you to resign
- sacking you
IF YOU HAVE BEEN DISMISSED FROM EMPLOYMENT YOU HAVE TO ACT FAST!
THERE IS A STRICT
21-DAY TIME LIMIT
FOR GENERAL PROTECTIONS DISMISSAL CLAIMS
You can be eligible to receive a larger compensation pay out if you win a General Protections claim (compared with an unfair dismissal claim) including damages for shock and distress.
In addition, your employer can be made to pay penalties which are uncapped.