This Division protects workplace rights, and the exercise of those rights.
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Content
Protection
Section 340
- A person must not take adverse action against another person:
- because the other person:
- has a workplace right; or
- has, or has not, exercised a workplace right; or
- proposes or proposes not to, or has at any time proposed or proposed not to, exercise a workplace right; or
- to prevent the exercise of a workplace right by the other person.
- because the other person:
- A person must not take adverse action against another person (the second person) because a third person has exercised, or proposes or has at any time proposed to exercise, a workplace right for the second person's benefit, or for the benefit of a class of persons to which the second person belongs.
What is the protection?
A person must not take adverse action against another person because the other person:
- has a workplace right
- has (or has not) exercised a workplace right, or
- proposes to (or proposes not to) exercise a workplace right.
A person must not take adverse action against another person to prevent the exercise of a workplace right by the other person.
Example
An employer must not dismiss an employee because the employee made a complaint or claim to the Fair Work Ombudsman about being underpaid.
Are there exceptions?
There are no exceptions.