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The Fair Work Commission (FWC) in Australia is responsible for handling disputes related to workplace issues, including general protections. The general protections provisions in the Fair Work Act 2009 provide employees with a range of workplace rights and protections, including the right to: Protection from workplace discrimination, including discrimination based on race, gender, age, religion, disability, and sexual orientation. Freedom of association, including the right to join a union or other workplace organization. Protection from workplace bullying and harassment. Access to leave entitlements, including sick leave, annual leave, and long service leave. Protection from unfair dismissal. The right to request flexible working arrangements, including part-time work, job sharing, and working from home. Protection from adverse action, including being treated unfairly or dismissed because of making a complaint or raising a concern about workplace issues. The FWC has the power to hear and resolve disputes related to these general protections provisions. This includes conciliation conferences, where parties can attempt to resolve their dispute through a facilitated discussion, and formal hearings, where evidence is presented and a decision is made by a commissioner of the FWC. If an employee believes their rights under the general protections provisions have been breached, they can make a complaint to the FWC within 21 days of the alleged breach. The FWC can then investigate the complaint, and if a breach is found, can order the employer to pay compensation or take other action to remedy the breach. Overall, the general protections provisions provide important workplace rights and protections for employees in Australia, and the FWC plays a key role in ensuring these rights are upheld. Need help? Complete the contact form on this website and claim your FREE consultation.

In Australia, there are several general protections provided by law to protect employees in the workplace. These protections include: Protection from discrimination: Employees have the right to be free from discrimination on the basis of their age, race, sex, gender identity, sexual orientation, disability, religion or political beliefs. Protection from unfair dismissal: Employees who have been dismissed from their job have the right to challenge the decision if it was unfair or unjustified. Protection from adverse action: Employees have the right to take certain actions, such as making a complaint or inquiry, without fear of adverse consequences from their employer. Protection of workplace rights: Employees have the right to take part in lawful industrial activity and to be represented by a union or other workplace representative. Protection from bullying: Employees have the right to work in an environment free from bullying or harassment. Protection of whistleblowers: Employees have the right to report wrongdoing in the workplace without fear of retaliation. These protections are provided under various federal and state laws, including the Fair Work Act 2009, the Australian Human Rights Commission Act 1986, and the Work Health and Safety Act 2011. Need help with a General Protections matter? Complete the contact form and claim your FREE consultation.

In Australia, unfair dismissal occurs when an employer terminates an employee's employment in a harsh, unjust, or unreasonable manner, and the termination was not related to the employee's conduct or performance. The Fair Work Commission (FWC) is the authority responsible for dealing with unfair dismissal claims in Australia. To be eligible to make an unfair dismissal claim, an employee must have been employed for at least six months (or 12 months for small businesses with fewer than 15 employees), and their annual earnings must not exceed a certain amount, which is reviewed annually. If an employee believes they have been unfairly dismissed, they can make an application to the FWC within 21 days of their dismissal taking effect. The FWC will then assess whether the dismissal was unfair, taking into account a range of factors, including the reasons for the dismissal, whether the employee was given a chance to respond to the allegations, and whether the employer followed a fair process in making the decision. If the FWC finds that the dismissal was unfair, it can order the employer to reinstate the employee or pay them compensation. The amount of compensation will depend on the circumstances of the case and can include lost wages, superannuation, and other benefits. It is important to note that some employees are not eligible to make an unfair dismissal claim, including casual employees, independent contractors, and employees who were terminated due to genuine redundancy. Need help with an unfair dismissal matter? complete the contact form below for more information and to claim your FREE consultation.