What are general protections?

The Fair work Act 2009 (Cth)(the Act) gives employees general protections, these protections intend to:
– Protect workplace rights,
– Protect freedom of association,
– Protect from workplace discrimination, and
– Protect persons who have experienced any of the above or any other unfair treatment.
The Act prohibits an employer from taking adverse action against the employee for any of the above reasons.

What is adverse action?

Adverse action is taken by an employer against an employee if the employer threatens to, organises or takes action by:
– dismissing the employee,
– injuring the employee in his or her employment,
– altering the position of the employee to the employee’s prejudice, or
– discriminating between the employee and other employees of the employer.

Who is covered?

The Actlists the protected persons as:
– Employees including prospective employees,
– Employers including prospective employer,
– Independent contractors (including prospective independent contractors), and
– Industrial associations.

What are some examples?

Kennewell v MG &CG Atkins trading as Cardinia Waste & Recyclers [2015] FCA 716.
Underpayment
Mr Kennewell was employed as a casual truck driver at MG & CG Atkins trading as Cardinia Waste & Recycler.He had worked for the company for only a few weeks when he was dismissed. Mr Kennewell was dismissed after making complaints to, and inquiries of, his supervisor about his pay rates and employment status. The Court noted that there had been a number of previous instances where employees, who had complained about the company failing to pay them their award entitlements, had been dismissed.
The court ordered the company to pay Mr Kennewell $7,500 as a pecuniary penalty and $2,900.85 for loss suffered.

Fair Work Ombudsman v AJR Nominees Pty Ltd [2013] FCA 467; [2014] FCA 128
Right to take paid personal leave
In this case, the applicant was dismissed after telling the respondent he would need chemotherapy treatment for cancer. The Court found the respondent took action against the applicant with intent to coerce him not to exercise a workplace right, namely the right to take paid personal leave.
The court ordered the respondent to pay the Commonwealth $35,000 as a pecuniary penalty. The managing director of the respondent was ordered to pay the Commonwealth $6,500 as a pecuniary penalty. The respondent was ordered to pay the employee $10,953.73 for accrued leave; $4,037.40 for non-payment of notice of termination; and interest.

The process for resolving workplace disputes differ depending on the nature of the adverse action, the protection and whether the dispute involved dismissal. The process requires strict adherence to time limits such as lodging applications with the Fair Work Commission and/or Federal Courts.

Pannu Lawyers are located conveniently close to Blacktown CBD and appear in Fair Work Commission, Federal Circuit Court and Federal Court of Australia. If you believe there has been a breach of general protections in your employment, call our office on 02 9920 1787 to make an appointment.