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The Fair Work Act 2009 (Cth) (FW Act) and the Industrial Relations Act 2016 (Qld) (IR Act) provide protections for employees against adverse action taken by an employer because an employee exercises, or proposes to exercise, a workplace right. Exercising a workplace right includes the following:
- raising concerns regarding a workplace health and safety issue;
- accessing an entitlement under the FW Act such as personal or carers leave;
- making a complaint or enquiry about your employment, including a complaint about a colleague or your working conditions
Adverse action includes (but is not limited to) dismissing, demoting or refusing to promote or hire someone, reduction of work hours or career development opportunities, treating someone less favourably than another employee, discrimination or ostracising a person from the workplace. You do not need to be an employee to suffer adverse action. Adverse action can be taken against, contractors, prospective employees or contractors, or a person who has or proposes to enter into a contract for services.
If adverse action has been taken because a person exercises a workplace right, then that person may file a General Protection Claim. If the adverse action taken against an employee was dismissal from employment, that employee has 21 days to make an application to the Fair Work Commission (or the Queensland Industrial Relations Commission is the case of a state employee). If a person has not been dismissed, but suffered some other form of adverse action, they can lodge an application in the Fair Work Commission up to six years from the day the alleged contravention occurred.
Sibley Lawyers can assist in navigating the complexities of a General Protections Claim.
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