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Fair Work Act - General Protections of the Fair Work Act
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General protections claims - deadline test clarified
The test for allowing extensions of time for sacked workers to lodge a general protections claim is 'similar' to that for unfair dismissals, Fair Work Australia (FWA) has said.
Under the Fair Work Act 2009, dismissed employees receive 14 days to lodge an unfair dismissal claim (s394), and 60 days to file a general protections claim (s365) from the date of their termination.
The 'general protections' provisions of the Fair Work Act are found in Part 3-1 of Chapter 3of the Act and are intended to protect:
Other protections include that an employer must not dismiss an employee who is temporarily absent from work due to illness or injury. A person may make application to Fair Work Australia claiming a breach of the general protections provisions.
Workplace rights
A person must not take 'adverse action' against another because the first person has a 'workplace right'. A person has a 'workplace right' if the person:
Prospective employees are taken to have workplace rights.
Industrial activity
It is an offence to coerce another person or a third party to engage in or not engage in industrial activity. 'Industrial activity' includes membership and non-membership of an industrial association, engaging in or not engaging in lawful industrial activity.
It is also an offence to knowingly or recklessly make false misrepresentations about:
An employer (or a person who contracts an independent contractor) must not induce an employee or independent contractor to take, or propose to take, membership action. A person takes 'membership action' if the person becomes, does not become, remains or ceases to be, an officer of member of an industrial association.
Discrimination
An employer must not:
Other general protections
A person must not exert undue influence or pressure on an employee in relation to a decision by the employee to:
I am a casual employee; do I have any workers’ rights? Full-time and part-time employees have an advance commitment to ongoing employment. Advice Here : https://unfairdismissalsaustralia.com.au/casual-employee-rights/
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