Workplace rights are entitlements and protections employees have in connection with their employment.
Legislation: Fair Work Act 2009 s341 | Category: Employment Law
What is Workplace Rights?
Workplace rights are entitlements, roles, responsibilities, and legal protections that employees have in connection with their employment. Under the Fair Work Act, taking adverse action against someone because they have or exercise a workplace right is prohibited and forms the basis of general protections claims.
Workplace rights include: entitlements under workplace laws, awards, agreements, and contracts; the ability to initiate or participate in proceedings under workplace laws; the ability to make complaints or inquiries about employment; and being able to participate in lawful industrial activities.
Key Compliance Points for Employers
- Common examples of exercising workplace rights include: making complaints about pay or conditions, taking leave, requesting flexible work, and participating in union activities
- Protection applies even if the employee is wrong about their entitlement, if they held a genuine belief
- The adverse action does not need to be dismissal — any detrimental treatment can attract liability
- Reverse onus of proof applies — employers must prove the workplace right was not a reason for the action
- Claims can be brought regardless of length of service or income level
Frequently Asked Questions
What is Workplace Rights?
Workplace rights are entitlements and protections employees have in connection with their employment.
Why is Workplace Rights important for employers?
Understanding workplace rights helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
