Understand and uphold your workplace rights
Something at work feels wrong. Find out where you actually stand.
Not every workplace problem fits cleanly into “unfair dismissal” or “underpayment”. Sometimes the question is whether something is even unlawful, whether you have rights to push back, and whether what is happening at work crosses the legal line. We work that out on the first call: which workplace rights apply, what the employer can and cannot do, and which legal framework actually fits your situation.
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.
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?
Adverse action under the Act includes dismissing you, demoting you, cutting your hours, refusing to promote, treating you less favourably than other employees, or threatening any of those things. If the action is taken because you exercised a workplace right, you can bring a general protections claim in the Federal Circuit and Family Court of Australia, which carries uncapped damages and civil penalties against the employer and any individuals involved.
Do I need to make a formal complaint to be protected?
No. The general protections framework can be triggered by raising the issue in any form recognisable as a complaint or enquiry, including a verbal complaint to a manager. That said, a documented complaint creates a clearer record for any subsequent claim, so we usually recommend at least one written complaint before relying on the protection.
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.
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?
Most employees who walk in unsure of whether they have a claim do have a path. The first call works out whether yours is one of them.
Something at work crossed a line. You just cannot tell which one.
Something is happening at work that does not feel right, but you cannot work out whether it is unlawful, whether you have legal protection, or whether to do anything about it at all. The cost of doing nothing might be worse than the cost of getting advice, but you cannot tell from the inside which it is.
- 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.
Maybe your roster was cut after you asked about a discrepancy in your pay. Maybe a colleague has been treated more favourably for a reason you suspect is discriminatory. Maybe a request for parental leave or flexible work was rejected without a clear reason. Maybe the unsafe practice on the floor is now happening to you specifically. You want to know whether what is happening is legal, what you can do about it, and what the realistic outcome looks like.
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.
Most employees who try to work out their own legal position get one of two things wrong. Either they convince themselves they have a claim when the facts do not actually support one, and waste months pursuing something that goes nowhere. Or they convince themselves they have no claim when the facts clearly do support one, and let a serious matter go unaddressed until the time limits expire. Workplace rights law is a network of overlapping frameworks (general protections, unfair dismissal, discrimination, work health and safety, modern awards) and which one fits a given situation is not obvious from the inside. The cost of self-diagnosis is usually missed claims, missed deadlines, or wasted effort on the wrong path.
Here is how we tell you what you can actually do.
We start by listening to what is actually happening at work, not what you think the legal label is. From there we identify the workplace right at issue, the framework that fits, and the realistic options. Where there is a claim worth running, we explain the value, the time limits, and the path. Where there is no claim worth running, we tell you that too. Where the right move is documentation and a written complaint to protect a future claim, we draft it. The first call gives you a clear read of your position. The follow-up is whatever you decide to do with that read.
Three steps to a clear read of your position.
Listen, advise, plan.
1
Position understood.
First phone call: we listen, identify the workplace right at issue, and the framework that fits.
2
Path advised.
We explain what you can claim, what it is worth, and which body to lodge with.
3
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.
The hardest part of getting workplace law right from inside a workplace is naming what is actually wrong. We have advised employees across general protections, discrimination, bullying, underpayment, unfair dismissal and work health and safety matters, and the consistent value is in the first call: telling you which framework applies, what the employer can and cannot do, and what the realistic options are. Our team does the diagnosis properly, recommends the action that fits, and runs the matter through if you want us to. You stop wondering whether you have a claim and start knowing where you stand.
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.
Find out where you actually stand.
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