Breach of Workplace Rights
What if your workplace rights have been breached?
All employees have a right to feel safe and respected and to be treated fairly and justly at work. The purpose of the Fair Work Act 2009 is to provide a balanced frame work for cooperative and productive workplace relations that promotes economic prosperity and social inclusion for all employees.
Unfortunately, from time to time, breaches in workplace rights can occur and the Fair Work Act 2009 has protections in place for employees when they are treated unfairly at work. Some of these circumstances may include 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, independent contractors or prospective independent contractors.
All employees in Australia have workplace rights. These 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, 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 law can be complex but Andersons has an expert team of employment lawyers who can help you understand your rights. If you believe your employer has taken adverse action against you because of a workplace right please contact us.
For Employers
Andersons’ Employment Law team act for both employer and employee in Employment Law matters. It is unique in this area of law for a firm to represent both sides of the fence. We believe this is a major point of difference in that it affords our team an edge in understanding and mastering how to negotiate for both sides.
Should you be an employer looking for advice on potentially breaching the workplace rights of an employee or accusation of a breach, Andersons is here to guide you through the process.
How Can Andersons Help?
We offer a no obligation, free first interview of between 20 and 30 minutes to provide you with preliminary and procedural advice. This interview is intended to assist us to gain a general overview of your circumstances, to enable us to advise you if we consider that you have a case worth pursuing, and outline the general process, procedure and likely costs. Please note that the free first interview is not intended to provide you with substantive advice, except in a preliminary sense / context.
All employees have a right to feel safe and respected and to be treated fairly and justly at work.