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 set Prosper Law apart from other employment legal services.
General protections can:
General protections also apply to some independent contractors and other workers.
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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.
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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.
Get in touch with Prosper Law’s construction lawyers to talk
through your next contract, claim, or dispute.
