Protecting your workplace rights
Many employers often make the mistake of believing that they may dismiss a person without justification during the first 6 months of employment or 12 months for small businesses without any risk of an unfair dismissal claim. Whilst this is technically true, employees often have other avenues for disputing their dismissal. One of the most common alternative applications is to make what is know as an adverse action claim on the basis that the employer dismissed them because they had a workplace right. Workplace rights can include a wide variety of rights ranging from making formal complaint, questioning their payslip, taking leave or simply having a right to a notice payment. Just like an unfair dismissal claim, employees may be able to be awarded compensation or reinstated to their job. However the process is different in that the Fair Work Commission attempts to conciliate the matter and if a settlement is not reached the matter proceeds to the Federal Court. In my experience this is something to be avoided due to the cost so more often than not the parties reach an agreement.
