General protections: best-practice guide — Australia
The Fair Work Act 2009 (Cth) (FW Act) contains a broad set of general protections against discriminatory, unfair or unlawful conduct. The general protections prohibit coercion, misrepresentation, unlawful termination, discrimination and more, creating civil remedy provisions that can be enforced in court.
The general protections protect ‘workplace rights’ as defined broadly in the FW Act. The general protections prohibit ‘adverse action’ being taken against a person when that person decides to, or not to, exercise a ‘workplace right’ or engage, or not engage, in ‘industrial activities’. An employee is also protected from adverse action because of his or her race, colour, sex, age and other grounds.
In essence, the provisions protect employees, employers and independent contractors against unfair, unlawful and discriminatory treatment in the workplace. The FW Act also contains very broad options to remedy conduct that breaches the general protections that provide immediate access to the court system, particularly for some discrimination claims…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
China’s eagerly anticipated amendments to its Trademark Law will come into force on 1 May 2014
Tougher product liability provisions following the release of long-awaited amendments to consumer rights and interests protection law in China
The rise of consumerism in China over the past 10 years has spurred greater regulatory enforcement in the area of product liability.
Analysis from The Lawyer
The Lawyer’s latest Top 50 litigation firms list shows that business for dispute specialists is roaring along while new in-depth detail reveals the winning strategies
Our list of the summer’s big deals shows how London law firms kept busy with work from Asia as well as more familiar sources