General Protections

Federally, the Fair Work Act 2009 and similar State Acts provide protection from unlawful activities in the workplace. These protections or rights are called ‘General Protections’. Working out if you can be protected and enforcing your protections is our core business.

General protections apply to:

  • Employers;
  • Employees;
  • Prospective employers and employees;
  • Employees of recruitment agencies and labour hire companies; and
  • Independent contractors.

 

Some examples of General Protections include:

  • The right to make a complaint or enquiry about workplace conditions;
  • The right to correct pay, leave and other entitlements;
  • The right to take time off work if a person is sick or injured;
  • The right to not be discriminated against under State or Federal anti-discrimination laws; and
  • The right to the benefit of an industrial award, enterprise agreement, or workplace safety law.

If you are an employee who has experienced a situation like those described above, we can help you address this by making an application to the Fair Work Commission or Court. Following an application, an employer will be asked to respond, and you may be compensated for the breach.

It is important to note that a strict time-limit (21 days) applies if you have been dismissed following a breach of General Protections. For us to best assist you, please get in touch as soon as possible if this applies to you.

For Employers

If you are an employer, we can assist you with representation and responding to the Fair Commission for your matter. We understand that the process of resolving a dispute can be a stressful time so to make it as quick and efficient as possible and we will provide you legal assistance at each step of the way.