A number of recent decisions have illustrated the scope of what
constitutes a 'workplace right' under the Fair Work Act and
have reaffirmed that employers must be vigilant to identify facts
and circumstances that can give rise to workplace rights for
employees.
These decisions highlight that employers must be particularly
careful in their dealings with an employee in circumstances of
contention or dispute with the employee, particularly where the
situation could give rise to new or additional protections for the
employee.
Background — what are the General Protections
provisions?
Since the introduction of the Fair Work Act in 2009, the General
Protections provisions found at Part 3-1 of the Act have been one
of the major areas of consideration by employer associations,
business groups, and workplace lawyers.
