Definition

Located in these topics

• Pregnancy discrimination under the FW Act

  If you engage in pregnancy discrimination, you may be liable under the FW Act general protections provisions.

• How a policy can help you defend against a general protections claim

  A policy will help you defend a general protections claim by showing that you had a lawful reason for the…

• How can a restructure result in a general protections claim?

  When restructuring, you must be careful not to breach the general protections provisions in the Fair Work Act 2009 (Cth).

• FW Act protections for whistleblowers

  Taking adverse action against an employee because they made a disclosure will breach the FW Act general protections provisions.

• 3 actions an employee can take against you for victimisation

  Depending on the reason for, and the nature of, the victimisation, an employee who feels they are being victimised may…

• How to avoid breaching the general protections provisions

  When could you be in breach of general protections?

• Legal risks of retrenching an employee

  There are four key legal risks you should be aware of when retrenching an employee.

• What if an employee refuses to work on a public holiday?

  Respond cautiously if an employee refuses to meet your requirement to work on a public holiday.

• General protections provisions

  Section 351(1) of the FW Act provides for a protection for employees against adverse action that the employer takes because…

• General protections claims by on-hired employees

  An on-hired employee can make a claim against a host employer for breaching the general protections provisions of the Fair…

• When is it unlawful to discipline an employee?

  Disciplining an employee for misconduct without proof may open you up to claims of unlawful adverse action under the general…

• How to defend common applications made to the FWC

  There are a range of methods you can use to defend some of the most common applications made to the…

• General protections provisions

  The general protections provisions provide rights and remedies to people who are subject to adverse action because they have a…

• When will demotion amount to a breach of general protections?

  A demotion can be adverse action under the FW Act general protections scheme.

• General protections provisions

  The FW Act general protections provisions protect employees, employers and other members of the workforce from discrimination and adverse action…

• Changing a job for an unlawful reason

  You cannot change an employee’s job for any of the reasons prohibited under the Fair Work Act.

• 2 ways you must not address a bullying complaint

  Ensure anyone who makes a bullying complaint is not victimised or the recipient of unlawful adverse action.