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Areas of Practice

Breach of Workplace Rights

When does Breach of Workplace Rights occur? The Fair Work Act 2009 has increased protections for employees from adverse action by their employer. Adverse action can occur when an employer:

  • dismisses an employee;
  • injures an employee in their employment;
  • alters the position of the employer to the employees' prejudice;
  • discriminates between employees ;
  • refuses to employ or discriminates against a prospective employee or a Principal takes similar action against independent contractors or prospective independent contractors.

What workplace rights do I have?

Workplace rights are broadly defined and include:

  • protection from adverse action;
  • protection from coercion;
  • protection from misrepresentation about their right;
  • protection from being denied the benefit of an Award, or an Agreement, or a workplace law;
  • being able to make a complaint or inquiry under a workplace law;
  • having a role or responsibility in an industrial agreement;
  • protection from undue influence or pressure in relation to individual flexibility arrangements under modern awards and enterprise agreements;
  • guarantees of annual earnings;
  • deductions from wages;
  • other general protections such as the employee is denied benefits simply because the employer has represented the employee as an independent contractor or the employee is dismissed for temporary absence from work.

This area of the legislation can be complex. If you believe your employer has taken adverse action against you because of a workplace right, you should contact Andersons Solicitors on 8238 6666 to arrange an initial free consultation with one of our experienced employment and industrial law team members.