Can Contractors Claim General Protections: Bentham Sydney Employment Lawyers

Can Contractors Claim General Protections?

YES! The general protections provisions under the Fair Work Act 2009 (Cth) are designed to safeguard individuals against adverse actions in the workplace, whether they are employees, independent contractors, or other persons involved in workplace relationships. These protections are not limited to traditional employees; independent contractors are also covered under certain conditions. Understanding these protections is essential for contractors and their principals, particularly when disputes arise.

Who is Covered by General Protections?

The Fair Work Act 2009 (Cth) outlines that various groups are protected under the general protections provisions. This includes:

1. Employees (including prospective employees);

2. Employers (including prospective employers);

3. Independent contractors (including prospective independent contractors);

4. Principals who have entered into or are proposing a contract for services with an independent contractor; and

5. Industrial associations (including their officers and members).

For independent contractors, this means they are entitled to protection from adverse action by the party with whom they have a contract or are negotiating a contract. Importantly, the protections extend to both contractors already engaged in a contract and those in the process of being considered for engagement.

What is Adverse Action?

Adverse action can take many forms, including:

1. Termination of the contract between a contractor and a principal;

2. Coercion or threats related to the engagement or performance of a contract; and

3. Discriminatory treatment based on characteristics like union membership, race, gender, or other protected attributes.

For example, if an independent contractor’s contract is terminated due to their involvement in industrial activities or because they exercised a workplace right, they may have grounds to bring a claim under the general protections provisions.

Independent Contractors and the General Protections Provisions

Independent contractors are generally distinguished from employees by their autonomy in how they provide their services. While employees work under the direction and control of their employer, independent contractors operate their own businesses and provide services to principals. However, both are entitled to the protections against adverse actions under the Fair Work Act 2009 (Cth).

The key takeaway for independent contractors is that if their contract is terminated or they face adverse action, they are still protected under the general protections provisions. They may be able to take legal action if adverse action has been taken against them for unlawful reasons, such as exercising a workplace right or engaging in industrial activities.

Can a Prospective Independent Contractor Claim General Protections?

Yes, general protections are not only for current contractors but also for prospective independent contractors. If a principal refuses to engage a contractor or offers less favourable terms due to reasons prohibited by the Fair Work Act 2009 (Cth), the prospective contractor may have grounds to claim protection.

For instance, if a contractor is not hired because of their involvement in a union or another protected activity, this could constitute adverse action. In such a scenario, the prospective independent contractor would be entitled to pursue a general protections claim.

What About Labour Hire Workers?

Labour hire workers, who may be either employees or independent contractors, are also covered by general protections. In this arrangement, a labour hire agency provides workers to a host company, but the legal relationship between the worker and the labour hire company still entitles the worker to protection from adverse action.

This means that even if a labour hire worker is an independent contractor, they can still make a general protections claim if they experience adverse action, such as the termination of their assignment or unfavourable changes in their work conditions, for an unlawful reason.

How Can Bentham Sydney Employment Lawyers Help?

Understanding whether you, as an independent contractor or labour hire worker, are entitled to claim general protections can be complex. Bentham Sydney Employment Lawyers specialises in navigating the intricacies of the Fair Work Act 2009 (Cth) and can help you assess whether adverse action has been taken against you unlawfully. If you believe that your rights as a contractor have been violated, it’s crucial to seek expert legal advice promptly.

Our experienced team will guide you through your options, assist with lodging claims, and represent you in any proceedings before the Fair Work Commission or courts. Whether you are an independent contractor, labour hire worker, or a prospective contractor facing adverse action, we are here to protect your rights. Contact Bentham Sydney Employment Lawyers today for a confidential consultation and ensure your workplace rights are upheld.

For advice, please contact Bentham Sydney Employment Lawyers, expert employment law solicitors.

Disclaimer: This article is for informational purposes only and should not be construed as legal advice.

About us

At Bentham Sydney Employment Lawyers, we make it our mission to uphold the integrity of Australia's workplace landscape. Our dedicated team strives to ensure that every workplace is a safe and just environment for all. Let our passion for employment law guide you towards a brighter future.

Trust the experts at Bentham Sydney Employment Lawyers to navigate the complexities of workplace laws with precision and care. Your peace of mind is our priority, and together, we can build a stronger, fairer workplace for everyone.

Got Questions?

What are general protections under the Fair Work Act 2009 (Cth)?

General protections under the Fair Work Act 2009 (Cth) aim to safeguard employees, employers, and other workplace participants from adverse actions that may arise due to workplace rights, participation in industrial activities, or other discriminatory practices. These protections are comprehensive and prevent actions like unfair dismissal, prejudice in employment terms, and coercion related to workplace rights.

At Bentham Sydney Employment Lawyers, we understand the complexities surrounding general protections. We can assist you in identifying whether your workplace rights have been breached and provide expert legal representation to ensure your entitlements are enforced. Our team can guide you through the legal processes, including lodging claims and representing you before the Fair Work Commission or other courts.

If you believe your rights have been infringed, contact Bentham Sydney Employment Lawyers today for expert advice and support.

What is considered an adverse action in the workplace?

Adverse action includes any action taken by an employer or other party to harm an individual’s employment status or working conditions. This can range from dismissal and demotion to changing work hours or duties to the employee’s detriment. Adverse actions are not limited to employees—they also apply to independent contractors and industrial associations.

If you think you have been subjected to an adverse action due to exercising your workplace rights or participating in industrial activities, Bentham Sydney Employment Lawyers can assist. We specialise in identifying when adverse actions have occurred and can help you pursue the appropriate legal remedies, including seeking compensation or reinstatement.

Don't wait—contact Bentham Sydney Employment Lawyers today to protect your workplace rights and explore your legal options.

How do general protections safeguard workplace rights?

General protections in the Fair Work Act 2009 (Cth) ensure that all individuals in the workplace can freely exercise their rights without fear of retaliation. Workplace rights include employment entitlements, such as wages, leave, and working conditions, as well as the right to complain or raise concerns about work-related issues. General protections make it unlawful for employers to take any adverse action against individuals for exercising these rights.

If you believe your employer has taken steps to undermine or penalise you for asserting your workplace rights, Bentham Sydney Employment Lawyers can help. Our experienced team will assess your situation, advise on the best course of action, and support you through any claims for breaches of your workplace rights.

Reach out to Bentham Sydney Employment Lawyers today to discuss how we can defend your rights under the law.

What protections do general protections offer against workplace discrimination?

General protections provide crucial safeguards against workplace discrimination based on various grounds, including race, gender, disability, age, and more. These protections ensure that no adverse action is taken against individuals because of their personal characteristics or participation in industrial activities. The Fair Work Act 2009 (Cth) also includes provisions for seeking relief through civil remedies if discrimination occurs.

Bentham Sydney Employment Lawyers can help you determine if you have been a victim of workplace discrimination and assist you in taking the necessary steps to hold the responsible parties accountable. Our team has extensive experience in handling discrimination claims and can represent you in seeking compensation or other remedies.

For personalised legal assistance, contact Bentham Sydney Employment Lawyers to protect your rights against workplace discrimination.

How can Bentham Sydney Employment Lawyers assist if I have been dismissed for exercising my workplace rights?

If you’ve been dismissed from your job for exercising your workplace rights, such as making a complaint about unsafe work conditions or asserting your entitlements, you may have a claim under the general protections of the Fair Work Act 2009 (Cth). This dismissal could be considered unlawful adverse action, and you may be entitled to remedies such as compensation or reinstatement.

At Bentham Sydney Employment Lawyers, we specialise in unfair dismissal and general protections cases. Our team will thoroughly evaluate your situation, help you lodge an application with the Fair Work Commission, and represent you throughout the entire legal process. With our expertise, you can pursue justice and ensure that your rights are upheld.

Contact Bentham Sydney Employment Lawyers today to discuss your unfair dismissal case and explore the legal remedies available to you.

What should I do if my employer is coercing me or making misrepresentations about my workplace rights?

Coercion or misrepresentation by an employer regarding your workplace rights is prohibited under the Fair Work Act 2009 (Cth). Coercion can take many forms, from threats to force you to give up your rights, to offering misleading information about your entitlements. If you find yourself in this situation, it’s essential to take immediate action to protect your legal rights.

Bentham Sydney Employment Lawyers can assist by providing expert legal guidance in situations involving coercion or misrepresentation. We can help you understand your rights, gather the necessary evidence, and represent you in any proceedings to hold your employer accountable for unlawful conduct.

If you believe you are being coerced or misled at work, contact Bentham Sydney Employment Lawyers today for a confidential consultation and expert legal advice.

Can Contractors Claim General Protections?

Contact Form

Fill out the form below to receive a same day free consultation call

About us

Why us?

1. Free

Initial call to obtain guidance on your prospects of success and an overview of what work is involved in your matter

2. Easy

Straightforward and simple legal advice that cuts through the legal jargon and provides clear, actionable solutions

3. Dynamic

Advice and support provided to you instantly. Delay can cause complications; act now for prompt solutions

Additional Services

For assistance from Bentham Sydney Employment Lawyers with other areas of employment law, click on the links below or book a free initial call.

Unfair Dismissal

Bullying and Harassment

Employment and Fair Work Advice

Enterprise Agreements

Award Interpretation

Contract Disputes

General Protections Disputes

Deed of Release Preparation

Contact Us

Get in touch