The law protects employees from adverse action when they exercise certain rights. The Fair Work Act and other legislation protects you when you exercise certain workplace rights, engage in industrial activity (such as some union activities) or have other protected attributes. For example, if your employer has taken adverse action against you because you raised a concern about your employment or asked about your entitlements, you may have a claim. If your claim is under the Fair Work Act, this is known as a ‘general protections’ or ‘adverse action’ claim.
Hall Payne Lawyers provides the guidance needed to hold employers accountable and ensure your rights under the Fair Work Act or other applicable workplace legislation are fully respected.
These laws are designed to ensure you aren’t victimised for simply standing up for yourself. This might look like having your hours cut after questioning a pay error, facing unfair performance reviews after requesting parental leave, or being told your role is redundant after raising a safety concern. These are just some examples of what may be unlawful treatment.
Hall Payne Lawyers provides trusted advice and proactive representation for employees facing adverse action. We can help you assert your rights while still employed or dismissed, including seeking urgent court injunctions.
If you believe you are being targeted for exercising your rights or for discriminatory reasons, early intervention is the most effective way to protect your career.
The law is designed to ensure you can speak up without fear of retaliation. These short answers help understand your rights and protectionsunder the law and the steps you can take if you have been treated unfairly.
Negative steps taken by an employer that affects your employment, such as dismissal and demotion, but also subtle changes, like reducing your hours, issuing undeserved warnings, or excluding you from opportunities, can be unlawful. This type of treatment may also be unlawful under other laws, depending on the reason for the treatment.
Under the Fair Work Act, this is a broad legal term that can encompass your rights under workplace laws or an award or enterprise agreement, or your right to make a complaint or enquiry about your employment, such as asking for a pay rise, insisting on being paid correctly, or raising health and safety matters.
Yes! One of the key benefits of general protections under the Fair Work Act is that they apply during your employment. If you are being treated unfavourably while still in your role, for an unlawful reason such as you exercised a workplace right, you may be able to make a general protections claim and we can help you take action to stop the conduct and protect your professional standing.
Remedies can include compensation for lost income and emotional distress, reinstatement to your role, and penalties against your employer. This is different to unfair dismissal claims, where compensation is capped and limited to lost income, and penalties are not available.
If your claim involves termination of your employment, you have a strict 21-day deadline after the dismissal takes effect to lodge a general protections application with the Fair Work Commission. Because timing is so critical, we recommend seeking legal advice immediately if your role is under threat or if you have lost your job, to ensure you don’t lose your right to claim. Correctly identifying the date of dismissal and calculating the 21-day time limit can be complex, so we recommend seeking advice as early as possible.
The Fair Work Act provides strong protections, but enforcing them can be complex. We guide you step by step, from assessing your situation to achieving a fair outcome, ensuring your workplace rights are upheld.
We review the timeline of events and the evidence of your employer’s conduct to determine if an unlawful adverse action has occurred. We help you understand the strength of your claim and the best legal pathway to take.
If you are about to be terminated or have other unlawful action taken against you in your employment, such as for exercising your workplace rights, we can act swiftly. Courts have the power to issue injunctions to stop a dismissal from proceeding or other potentially unlawful action being taken while the legal claim is being determined.
Many workplace matters can be resolved through workplace mediation or direct negotiation without the need to lodge a legal claim. We focus on securing a practical outcome, whether that is stopping the unfair treatment or negotiating a fair exit or settlement package.
We handle the technical requirements of lodging your claim, ensuring that your facts and legal arguments are clearly presented to the Fair Work Commission or the court.
If your matter cannot be resolved through negotiation, we provide skilled advocacy in the Fair Work Commission or court. We pursue compensation and penalties to ensure you are properly compensated for any unfair or unlawful treatment.
Speak with a lawyer who understands how to challenge adverse action and help you achieve a fair result for your future.
Unfair Dismissal
Hall Payne Lawyers challenge unfair dismissals, meeting strict deadlines with expert representation.
Workplace Discrimination
We help challenge unlawful discrimination at work, pursuing fair resolutions under workplace & anti-discrimination laws.
Professional Conduct & Discipline
Misconduct claims risk careers—our solicitors defend professionals in investigations and disciplinary proceedings.
Enterprise Bargaining & Award Rights
We assist unions, employers and employees with enterprise bargaining and award issues, protecting entitlements, ensuring compliance & resolving disputes.
General Protection Claims
The law protects employees from adverse action when they exercise certain rights or have certain attributes.
Contract Negotiations & Disputes
Employment contracts set key terms. Our solicitors review & negotiate pay, bonuses & equity to protect your interests.
Industrial Relations
Hall Payne Lawyers champions workers & unions, from Fair Work disputes to High Court cases, protecting rights & fairness.
Executive & Senior Management Terminations
Senior executives face fewer protections. We manage exits, tackling wrongful termination, bonus disputes & entitlements.
Restraint of Trade
Restraint clauses can be difficult to interpret and enforce. Our team can help guide you through these complexities.
Redundancy
Redundancy is a difficult and stressful time. We help you to understand your rights when your employer proposes to or makes your role redundant.
Workplace Mediation Services
Accredited mediators provide impartial, legally informed conflict resolution, helping parties reach durable, cost‑saving agreements.
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