Workplace rights and adverse action
FAQs - your questions answered
A workplace right includes making a complaint or enquiry in relation to your employment. There are also whistle-blower protections for you in your employment. These protections apply to all employees, from construction workers to Senior Executives, irrespective of what you earn.
The Fair Work Act 2009 prevents your employer pretending that you are a contractor when in fact you are an employee. You also can't be dismissed from your employment because you were temporarily absent from work (up to three months across one year). The Act provides a range of general conditions most workers are entitled to in Australia.
Under the Act, adverse action includes termination of employment, changing your conditions to your detriment, disciplinary action and discrimination.
If a matter does go to court, it is up to the employer to prove that it did not take adverse action against you because you exercised a workplace right. It is important to note that time limits apply in making applications so get advice as soon as possible.