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One of the fundamental things to remember as an employee is your right in your workplace and how to protect them. Understanding how you should be treated by your employer and co-workers will help you determine when your rights are infringed and guide you to seeking a general protection claim.
Getting appropriate representation during a general protections application is key. A Whole New Approach (AWNA) is the best representative for you, we are a team of seasoned professionals that will ensure your application produces your desired outcome. Worry no more about your plight, Call us now on 1300 766 700 for a free consultation.
Do you know your rights as an employee? Are you familiar with the general protection provision? If you are an employee keep reading to find out what to do when you are maltreated for exercising your rights in the workplace.
Understanding General protections
The objective of General protections is to protect employees from discrimination, unfair treatment, or sexual harassment owing to exercising a workplace right. An application for General protections can be made to the Fair Work Commission over unsavory treatment at work.
The two types of general protection claims can be differentiated by ascertaining whether or not a dismissal occurred.
- Involving dismissal: If you have been dismissed from your employment(or forced to resign). You must lodge a Form F8 within 21 calendar days from the date the dismissal took effect. Through this application, you may seek compensation and restore your employment record by having the termination turned into resignation.
- Not involving dismissal: If you are still working for your employer, even if you have been suspended or are on leave, you must lodge a Form F8C. Through this application, you may seek to have the issue resolved and return to a safe work environment, or seek an exit package consisting of compensation and resignation.
There is however one restriction on pursuing a General Protections application, which is that the employee must be employed in the national system. This is usually hard to prove, but it usually means that if you are a State government employee you cannot pursue General Protections (or Unfair Dismissal) in the Fair Work Commission.
There are two requirements to a General Protections application, regardless of whether or not dismissal has ensued. Firstly, there must be either: Discrimination, an exercise of a workplace right, or an Industrial activity. Secondly, and in response to the first requirement, the employee has been subjected to adverse action. In an employment situation, adverse action is anything that negatively changes your employment situation.
Who can make a general protections application?
General Protections offers a broader volume of applications than Unfair Dismissal. It is not expected that you are a permanent employee or have completed a minimum period of employment. General Protections laws also defend persons who have not been employed or received a particular benefit because of the exercise of a workplace right or due to discrimination.
The following persons can make a General Protections application:
- Employees (and prospective employees)
- Independent contractors (and prospective independent contractors)
- Casual employees also have access to general protections.
By pursuing a General Protections application you can seek if dismissed:
- Reinstatement
- Compensation for a reasonable period of lost income
- General damages for non-economic pain and suffering
If still employed:
- An exit package, consisting of compensation, a resignation, and general damages where applicable.
- Continuing employment and resolution of the issue.
Exercising workplace Rights
Workplace rights include any right you are usually entitled to exercise during your employment. The Fair Work Act (FW Act) 2009 provides protections for certain rights, including workplace rights such as the right to engage in industrial activities, the right to be free from unlawful discrimination, and the right to be free from undue influence or pressure in negotiating individual arrangements.
A person exercises a workplace right where they make a complaint or inquiry concerning their employment. Barbara works as a receptionist in a veterinary clinic and is diligent in her job. Two other receptionists are working at the clinic and she found out she is being paid less even though they work the same hours. She approached the manager and asked for a reasonable salary increase. He refuses to listen to her and cuts her salary in half instead. Barbara decides to go for a general protection claim against her employer owing to her discrimination at the workplace and the infringement of her workplace right of complaining concerning her employment. She seeks continued employment and a resolution of the issue. She was being unfairly treated by the manager because she expressed her workplace rights.
An understanding of what constitutes your right as an employee will help you know when to go for a general protection application. Eddy had been working at a paint factory for five years. He was constantly harassed and bullied by a colleague and he decided to exercise his workplace right by filing a complaint with Human Resources. Rather than getting a resolution to the issue, the manager fires him because the offender is a family friend. Displeased, Eddy decided to talk to an agent of the ANWA on how best to proceed with a general protections claim and get a reinstatement or an exit package consisting of compensation and a resignation.
According to the Fair Work Act section 34, A person has a workplace right if the person:
- is entitled to the benefit of workplace law, workplace instrument, or an order made by an industrial body
- has a role or responsibility under a workplace law, workplace instrument, or order made by an industrial body
- can initiate or participate in a process or proceedings under a workplace law or instrument
- can make a complaint or inquiry to a person or body with the capacity to seek compliance with a workplace law or instrument, or
- can make a complaint or inquiry concerning his or her employment.
Every employee under the national system is covered by the general protection application. This is to ensure that your rights are protected in the workplace. You can make inquiries about your pay, working hours, or guidelines for doing your job. You can also complain about the actions of others against you, especially if it borders on bullying, harsh treatment, discrimination of any kind, and sexual harassment.
Wrapping up
Your rights as an employee should be upheld at all times. However, if you are being discriminated against or harassed at work due to exercising such rights, you need help. You are entitled to get a representative for your general protection claim. A Whole New Approach (AWNA) is your best bet if you intend to get your employer to do the needful. We are skilled professionals and perform a thorough job at negotiation. We take out all the confusion and fear and ensure your chances of a successful outcome.
A Whole New Approach will draft your application impeccably, handle all correspondence between your employer and the Fair Work Commission and bring our industry-leading experience to bear during the conciliation conference.
Are you currently facing harassment at your workplace as a result of exercising your workplace rights? We can help you. You can give us a call at 1300 766 700 and we will be able to infer whether you are an eligible employee and guide you through pursuing a general protections claim.
