New workplace rights
The new Fair Work Act 2009 has increased protections
for employees from adverse action by their
employer. Adverse action includes termination of employment,
other disciplinary action and discrimination. The Fair Work
Act states that your employer cannot take adverse action
against you because you have exercised a workplace
right. Workplace rights are broadly defined and include:
- complaints made about your workplace
- having the benefit of an award, or an agreement, or a workplace
law
- having a role or responsibility in an industrial
agreement. For example, being an Occupational Health and
Safety representative under an agreement, or a complaints officer
in an agreement, or being able to represent other employees in
interviews with managers pursuant to an agreement.
There are other general protections in the Fair Work
Act. Your employer cannot pretend that you are a
contractor when in fact you are an employee. Hence, they
cannot deny you the benefits an employee would have simply by
calling you an independent contractor and pretending you are an
independent contractor.
You cannot be dismissed from your employment because you were
temporarily absent from work. A temporary absence is defined as up
to three months across one year.
Enforcement of workplace rights
If you want to take action against an employer to enforce your
workplace rights, then you can take action in Fair Work Australia
(the new Industrial Tribunal), the Federal Magistrates Court or the
Federal Court. It is up to your employer to prove that it did
not take adverse action against you because of your workplace
right. A court can make any order that is appropriate to
address the hurt, suffering or damage that you have
endured. This could include:
- reinstatement if you have been dismissed
- compensation
- apology, or
- restoring you to your correct position.
Want to know more?
If you think that your employer has taken action against you
because of a workplace right, freecall 1800 810
856 and a member of the employment team will assist with
your enquiry.
Remember, time limits apply in making applications so get advice
as soon as you can.