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General Protections Claims

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General Protections Claims

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  1. General Protections Claims What are They & Who can Make a Claim Presented by Perth’s experienced Employment Lawyers - Havilah Legal

  2. What is a General Protections Claim and Who can Make a Claim? The Law in relation to general protections under the Fair Work Act 2009 is essentially designed to protect prospective and existing employees against unfair, unlawful and discriminatory treatment.

  3. What is a General Protections Claim and Who can Make a Claim? Under the Fair Work Act 2009, an employer must not take adverse action action against another person, because that other person has a workplace right workplace right, exercises a workplace right, or proposes to exercise a workplace right. adverse Continued

  4. What is a General Protections Claim and Who can Make a Claim? A person is also protected from adverse actions because of their: - - - - - - - Race, Colour, Sex, Age, Marital status, Pregnancy, Religion and other specified grounds. Continued

  5. What is a General Protections Claim and Who can Make a Claim? An employee can make a General Protections Claim when adverse action action is taken or threatened against them, because they have a workplace right, exercises such a right or, in some cases, proposes to exercise such a right. adverse Continued In some cases a General Protections Claims may be made by a prospective employee or an independent contractor.

  6. What is a General Protections Claim and Who can Make a Claim? By way of example, a person may make a claim under the Act if he or she is dismissed and can show that the dismissal was because he or she had exercised a right to take leave due to illness. Continued There must the adverse action and the workplace right. must be a connection between

  7. What is a General Protections Claim and Who can Make a Claim? In relation specifically to Western Australia, it is important to note that a General Protections Claim cannot be made by certain employees such as: - Those employed by the State Government, and Employees employed by entities which are not corporations such as sole traders and partnerships. Continued -

  8. What is a General Protections Claim and Who can Make a Claim? A person who claims to have been dismissed in connection with a workplace right must generally file an application with the Fair Work Commission within 21 days after this dismissal took effect. Unlike unfair dismissal claims, there are no qualifying periods or remuneration caps to be eligible to make a General Protections Claim. Continued

  9. What is a General Protections Claim and Who can Make a Claim? This means that general protections apply from the start of a person’s engagement at work and, in some cases, before the person is engaged, and apply no matter what the person earns. Continued

  10. The term ‘workplace right’ ‘workplace right’ has a broad meaning. Essentially a person has a workplace right if he or she has an entitlement under a workplace law or an award or enterprise agreement and is able to make a complaint or inquiry in relation to their employment. What is a Workplace Right?

  11. Accordingly, a workplace right would include: What is a Workplace Right? - - - - Entitlement to annual leave Personal, carer’s or parental leave Redundancy and wages Ability to be represented by a representative of his/ her choice during negotiations. Not to be discriminated against on the grounds of race, colour, gender etc. Continued -

  12. Adverse action Adverse action includes: What is Adverse Action? - Dismissing or refusing to employ a person Discriminating against them or prejudicing them in their employment e.g. by demoting or suspending them, reducing their overtime or ordinary hours of work or reducing pay. -

  13. What Must Employers Ensure? If an employer intends to take any action against an employee that will have the effect of disadvantaging that person such as dismissal, demotion, reduction of pay or bonus, the employer must ensure that there is no connection between that action and a workplace right that the employee has, has exercised or is entitled to exercise.

  14. The remedies available to a claimant who successfully makes a General Protections Claim may include the imposition of a financial penalty on the employer; an order for reinstatement of the claimant; and an order awarding compensation for loss suffered by the claimant because of the contravention by the employer. Remedies

  15. Want to Find Out More? For more information visit Havilah Legal today or contact our employment lawyers Perth. Presented by Perth’s experienced Employment Lawyers - Havilah Legal

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