A general protections claim can be made by workers who have been subjected to unfair treatment from an employer as a result of exercising their workplace rights. Our employment lawyers help companies and workers with general protections claims. We are a fixed fee law firm, so our clients know exactly how much they are paying upfront.
Our team of lawyers help defend adverse action claims as well as provide legal representation to employees. Our deep legal knowledge of the Fair Work Act and fixed fee legal knowledge
General protections can:
General protections also apply to some independent contractors and other workers.
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If you are an employer seeking representation on general protections matters, our workplace law firm can help.
We defend claims made under the general protections provisions. There are a number of grounds on which an employer may respond to a claim.
It is important to act quickly regarding a general protections dispute. Seeking expert legal advice is an important part of this process.
General protections protect workplace rights. A workplace right includes many different types of rights.
For example, employees have the right receive employment entitlements, asking for a flexibility arrangement, asking for a pay rise or making a bullying complaint.
A general protections claim may be made by a prospective employee, independent contractor, current or dismissed employee.
We provide legal advice for general protections matters. Our clients include independent contractors and other employees who want to understand their rights.
If you are seeking advice or representation on general protections provisions, our employment law firm can help. Contact us today to schedule a consultation with one of our employment solicitors. And take the first step towards protecting your rights or defending your business.
We provide advice that is practical and easy to understand. Our advice and strategy will be tailored to your legal matter. For instance, our employment lawyers will consider whether a general protections dismissal claim has any merits.
Bad leavers and disgruntled workers can cause harm to your business's reputation.Our workplace legal team will work hard to protect your business.
We begin with a confidential consultation to understand your matter and how we can help. We may recommend detailed advice so that we can determine the merits of the general protections claim. We will also develop a recommended legal strategy.
It is important to ensure that any Court or Commission deadlines are met. A matter may also be time sensitive if a business needs to manage its workforce.
Our employment lawyers will assess any important dates and take steps to ensure your rights are protected.
Our employment lawyers may advise that a matter is appropriate to pursue a negotiated outcome. For example, if an adverse action claim has strong prospects of success, an employer may wish to negotiate and settle the matter.
Alternatively, if a worker is under stress it may be better for their well-being to settle the matter as soon as possible. If not, the next step is for our employment lawyers to provide legal representation in court or for mediation.
Our team of lawyers come from different industry backgrounds, and all are experienced when it comes to workplace law.
Meet our team of professional employment lawyers – you’ll be glad you did.
Holly Teague2023-09-11Big Thank you to Krystal and Prosper Law for expediting my employment contract and getting it back to me within 48 hours. Would definitely recommend if you are looking for an employment lawyer.
Larissa Rogers2023-09-09I came across Prosper Law while searching for an Employment Lawyer for a recent dispute. I had the pleasure of working with both Krystal and Farrah and I am extremely grateful for their attention to detail and guidance throughout my matter.
Yatin Kulkarni2023-08-29Absolutely fantastic work by Carlyn Sicat and Farrah Motley by turning around the review of my Contract within 24 hours. Crystal clear recommendations and therefore didn't need any follow up. Highly recommended recommend them if you need an employment lawyer!
Connor Summers2023-08-09Our business needed urgent legal advice for several employment law matters. Prosper Law’s employment contract lawyers were quick to respond, offered a fixed fee price for their legal services and were able to achieve a great result for our business. For any employers looking for a quality employment law firm, we highly recommend the team at Prosper Law.
Jane Gentle2023-08-02If you are looking to hire a legal counsel on retainer, I highly recommend the Prosper Law legal team. Having engaged with Prosper at work over the past 5 months, I have found them to be great in-house lawyers and who know their stuff when it comes to contract reviews, employment law advice and marketing and consumer law… and they’re reasonably priced
Liam Devonshire2023-07-25I needed a business sale lawyer to help me sell my business on short notice. They drafted a business sale agreement for me. Courtney was quick to reply, explained the process to me and was great to deal with. If anyone is after a good M&A lawyer, definitely reach out to Prosper Law.
Bec2023-07-12I needed the advice of a contract lawyer based in Sydney quickly for a difficult client contract. Farrah responded to my query very quickly and efficiently and helped me resolve the liability issue with the client in a very short time. I highly recommend her efficient and thorough service.
Chris Pearson2023-07-04I contacted Prosper Law because I needed a contract lawyer in Brisbane for an issue with a building contract. Farrah and Micaela are experienced contract lawyers and were polite, professional, and provided my advice quickly. They provided me with a fixed fee quote with no hidden costs for the legal work and spoke to the QBCC on my behalf. Thank you to the Prosper Law team for giving me detailed advice that was good value and very helpful!!! Highly recommended and will be using them in the future for all my legal needs.
CR T2023-05-25Highly recommended. They offered me reliable and useful legal advice free of charge. Thank you once again, Michael, for your service.
Vijesh cj2023-05-22I approached Farrah with a query regarding my employment contract. She was patient in her dealings and took the time to read the contract fully and understand my side of the story before giving her legal advice. I am happy with my overall experience of working with Farrah.
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The Fair Work Act 2009 deals with adverse action in Part 3-1. It includes provisions to protect employees and other workers from adverse actions taken by employers. For example, in response to the exercise of worker rights or other protected attributes. Adverse action refers to any action that is harmful to an employee or potential employee. It can include things like dismissal, demotion, harassment, or any other form of discrimination.
The Fair Work Act 2009 provides the following key protections against adverse action:
Protected Workplace Rights: The Fair Work Act 2009 protects a range of rights that employees and workers are entitled to exercise without fear of adverse action. These rights include the ability to join a union, participate in industrial activities, request flexible working arrangements, and take parental leave, among others.
General Protections Claim: Part 3-1 establishes general protections against adverse action. It is unlawful for an employer to take adverse action against an employee or potential employee. For instance, because they have exercised a workplace right or have a protected attribute, such as their race, sex, age, disability, religion, etc.
Temporary Absence: The Act also protects employees from adverse action due to temporary absences from work because of illness or injury.
Industrial Activity: The Act protects employees engaged in industrial activities, such as participating in industrial action, from adverse action.
Protection Against Misleading Information: Employers are prohibited from providing false or misleading information to employees or potential employees to induce them to take adverse action against their rights.
There are serious consequences if a protections claim is successfully made against a business. These include penalties, compensation, reputational consequences and possible disclosure obligations to future clients and in tender submissions.
For these reasons, employers should take reasonable steps to avoid any adverse action or protections claims. On the other hand, it is important to defend any unfounded claim or where a genuine redundancy or fair dismissal has taken place.
Our team of workplace lawyers can provide advice and strategies to avoid these circumstances.
A prospective employee does have legal rights against a company if they are using discriminatory or misleading hiring practices. A workplace right may exist even if an employee hasn’t started working for an employer.
For an employer, this means that they must not discriminate against job applicants. This includes the basis of their gender, race, age, religion, or other personal characteristics. Companies must ensure that their job advertisements do not contain any discriminatory language or requirements. Further, it is unlawful not to hire someone because of a prohibited reason.
The Competition and Consumer Act also prohibits companies from engaging in conduct this is misleading or deceptive in their hiring practices. If a job advertisement or offer of employment is not true and correct, a worker may have legal rights.
General protections protect workplace rights. A workplace right includes many different types of rights.
We provide legal advice for general protections matters, including:
We provide advice that is practical and easy to understand. Our advice and strategy will be tailored to your legal matter. For instance, our employment lawyers will consider:
Contact us today to schedule a consultation with one of our employment solicitors. And take the first step towards defending your business.
