Explore the essentials of General Protections Claims, from workplace rights to making a claim, with Somerville Laundry Lomax. General Protections Claims (GPCs) are a crucial part of the Fair Work Act 2009, designed to safeguard employee rights in Australia. At Somerville Laundry Lomax, we often get questions about GPCs, so let’s break down what they entail and how they can affect you.
Key Protections Under the Fair Work Act
The Fair Work Act’s general protections provisions aim to:
- Protect workplace rights
- Safeguard freedom of association
- Prevent workplace discrimination
- Offer relief for those facing unfair treatment
These protections apply broadly to employees, prospective employees, and independent contractors, ensuring a fair and equitable workplace environment.
Types of General Protections Claims
There are two main types of GPCs:
- Dismissal Disputes: These involve cases where an employee is dismissed for exercising a workplace right or engaging in industrial activity.
- Non-Dismissal Disputes: These cover situations where adverse actions are taken against an employee without resulting in dismissal, such as discrimination or alteration of employment terms.
Understanding Workplace Rights
Workplace rights encompass various entitlements and protections under workplace laws, instruments and orders. These include:
- Benefits or roles under the Fair Work Act, awards, or agreements
- Participation in legal proceedings related to employment
- The right to make complaints or inquiries about employment
Employers must not take adverse actions against employees for exercising these rights. Adverse actions can include dismissal, discrimination, or any actions that harm the employee’s position.
Protection from Adverse Actions
Adverse actions by employers can take several forms, such as:
- Dismissing an employee
- Causing injury to an employee, including psychological harm
- Altering an employee’s position to their detriment
- Discriminating against an employee based on personal attributes
Personal attributes that are protected include race, sex, sexual orientation, age, disability, marital status, family responsibilities, religion, political opinion, and social origin. These protections ensure a fair workplace where employees are judged based on their performance and not personal characteristics.
Engaging in Industrial Activities
Employees have the right to engage in lawful industrial activities, including joining or participating in union activities. Employers cannot take adverse actions against employees for these activities or for refusing to engage in industrial actions.
Making a General Protections Claim
If you believe you have a valid GPC, the process begins by identifying the type of claim, dismissal or non-dismissal. For dismissal related claims, you must lodge your claim within 21 days of the termination date. Non dismissal claims should be made as soon as possible after the adverse action occurs. Once a claim is lodged, it typically proceeds to conciliation or a conference before the Fair Work Commission. If an agreement isn’t reached, the matter may escalate to the Federal Court.
If a GPC is upheld, compensation can be awarded for:
- Economic loss
- Hurt, distress, and humiliation
The compensation is uncapped in federal jurisdiction, meaning there are no limits to the damages that can be awarded. Additionally, civil penalties may be imposed on the employer for breaching the legislation.
Why Are General Protections Important?
The essence of GPCs lies in the ‘why’ – why was the adverse action taken? Establishing a connection between the adverse action and the workplace right, industrial activity, or personal attribute is critical. If the adverse action is linked to a proscribed reason, the employer may be in breach of the general protections provisions.
General Protections Claims are a vital tool for maintaining fair treatment in the workplace. At Somerville Laundry Lomax, we are committed to helping employees understand their rights and navigate the complexities of GPCs. If you think you have a claim or need further assistance with this or anything related to employment law, don’t hesitate to reach out to us.