The Fair Work Act 2009 provides employees with a range of workplace rights. Employers need to understand when a person has or is exercising a workplace right to avoid the risk of taking – or being alleged to have taken – unlawful action.

This session provided advice and guidance around what an employer can do to minimise the risk of taking unlawful adverse action and mitigate against the risk of a successful general protections claim.

The session dealt with common situations employers may find themselves in. For example:

• Managing performance or misconduct when an employee has raised a concern or complaint;
• Dealing with situations where an employee takes personal/carer’s leave during an investigation or disciplinary process;
• Managing performance or conduct issues involving Health and safety reps or Union delegates; and
• Dealing with situations where an employee is ill or injured and there are questions around whether they are able to perform the inherent requirements of their role.

Knowing what constitutes a workplace right is essential in navigating these types of situations.

This webinar covered:

• Explain the term 'workplace right' and how it is defined under the Fair Work Act.
• Outline how workplace rights are protected under the Fair Work Act and what is meant by taking 'adverse action'.
• Cover the introduction of the workplace rights and protections for workplace delegates by the 'Closing Loopholes' Bill, including the recent decision of the Full Federal Court varying the delegates' rights terms in all modern awards.

Presenters:

Daniel Murray, Principal Adviser, Workplace Relations, Australian Industry Group

Gabriella King, Adviser – Workplace Relations, Australian Industry Group

Host:

Terry Crotty, Regional Manager, NSW, Australian Industry Group