general protections

Fair Work Act - General Protections of the Fair Work Act

General protections claims - deadline test clarified

The test for allowing extensions of time for sacked workers to lodge a general protections claim is 'similar' to that for unfair dismissals, Fair Work Australia (FWA) has said.

Under the Fair Work Act 2009, dismissed employees receive 14 days to lodge an unfair dismissal claim (s394), and 60 days to file a general protections claim (s365) from the date of their termination.

The 'general protections' provisions of the Fair Work Actare found in Part 3-1 of Chapter 3of the Act and are intended to protect:

a person's 'workplace rights'

freedom of association (including the right to join, or be represented or not represented by industrial associations; or to engage in lawful 'industrial activities')

a person from workplace discrimination, or

provide remedies where the protections have been contravened.

Other protections include that an employer must not dismiss an employee who is temporarily absent from work due to illness or injury. A person may make application to Fair Work Australia claiming a breach of the general protections provisions.

Workplace rights

A person must not take 'adverse action' against another because the first person has a 'workplace right'. A person has a 'workplace right' if the person:

has a benefit, entitlement, role, responsibility, under a workplace law (ie Fair Work Act, the RAO schedule, the Independent Contractors' Act 2006 [Cth] or any federal state or territory law which regulates relationships between employers and employees, including OHS laws), a workplace instrument, an order made by an industrial body

is able to initiate or participate in a process or proceedings under a workplace law or workplace instrument

is able to make a complaint or inquiry to a person or body which is able under a workplace law to seek compliance with a workplace law or instrument or, if an employee about his or her employment.

Prospective employees are taken to have workplace rights.

Discrimination

I am a casual employee; do I have any workers’ rights? Full-time and part-time employees have an advance commitment to ongoing employment. Advice Here : https://unfairdismissalsaustralia.com.au/casual-employee-rights/