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.