Understand and uphold your workplace rights
Something at work feels wrong. Find out where you actually stand.
What do we mean by "understand and uphold your workplace rights"?
Workplace rights are the protections employees have under the Fair Work Act 2009 (Cth) (the Act), the National Employment Standards, modern awards, enterprise agreements, anti-discrimination legislation, and work health and safety law. These rights include the entitlement to leave, the right to make a workplace complaint, the protection of pay and conditions, freedom from discrimination on protected attributes, and the right to a safe workplace. Where an employer takes adverse action against you for exercising one of these rights, the Act provides a general protections framework with uncapped damages and civil penalties. The first step in upholding your rights is identifying which framework applies to your situation.
We note that generally, state government employees are not covered by the Act, meaning rights may differ. However, state legislation often contains provisions which achieve a similar effect.
What counts as a workplace right under the Fair Work Act?
Workplace rights under the Act include the right to leave (annual, personal, parental, long service, compassionate, family and domestic violence), the right to make a complaint or enquiry, the right to be free from unsafe work, the right to be paid correctly, the right to participate in industrial activity, and the right to be free from discrimination on protected attributes. Exercising any of these rights triggers the general protections framework if the employer responds with adverse action.
What is "adverse action" and why does it matter?
Do I need to make a formal complaint to be protected?
What is the difference between a general protections claim and an unfair dismissal claim?
An unfair dismissal claim tests whether the dismissal was harsh, unjust or unreasonable and is heard in the Fair Work Commission, with compensation capped at six months’ wages. A general protections claim tests whether adverse action was taken because of a prohibited reason (such as exercising a workplace right), is heard in the Federal Circuit and Family Court of Australia, attracts uncapped damages and civil penalties, and applies whether or not you were dismissed. There is also no minimum employment period required for a general protections claim.
Right identified.
We work out which workplace right is at issue and which framework applies.
Risk weighed honestly.
We tell you what you can claim, what it is worth, and whether it is worth pursuing.
Action plan in plain English.
Internal complaint, external claim, or wait-and-see, with clear reasoning.
Not sure if what is happening at work is actually unlawful?
Something at work crossed a line. You just cannot tell which one.
- We will work out which workplace right is at issue: leave, complaint, pay, safety, discrimination, or another.
- We will identify which legal framework applies: general protections, unfair dismissal, anti-discrimination, work health and safety, or a combination.
- We will tell you what the employer can and cannot do, and what action you can take.
- We will recommend the path: internal, Fair Work Commission, Australian Human Rights Commission, Federal Circuit and Family Court of Australia, or wait-and-document.
- We will run any subsequent claim through to result if you want us to.
Something at work feels wrong but you cannot articulate it.
What's included in your workplace rights advice service
- Free initial call to identify the workplace right at issue.
- Identification of the legal framework that fits.
- Plain-English advice on what the employer can and cannot do.
- Recommended action path with reasoning and realistic outcomes.
- Coordination with any subsequent formal complaint or claim.
What happens when people self-diagnose.
Here is how we tell you what you can actually do.
Listen, advise, plan.
Position understood.
First phone call: we listen, identify the workplace right at issue, and the framework that fits.
Path advised.
We explain what you can claim, what it is worth, and which body to lodge with.
Action taken.
We draft the complaint, lodge the claim, or document the position depending on what you decide to do.
Employment lawyers who help employees work out whether they have a claim, before the time limits run out.
We understand you want to know the cost, before we get started...
We will map out our process, from beginning to end, so you know what the journey will look like before you get started.
We will provide you with a clear and detailed Work Proposal covering each step along the way.
Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.
