​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |
LawAccess NSW > Representing Yourself

​​

Wages, leave and other workplace rights 

    Can your employer dismiss you for asking for wages, leave or other workplace rights?

    Your employer must not dismiss you because you had one of these rights or asked for one of these rights:

    • to be paid your correct wages or salary
    • to take leave (this includes, parental leave, annual leave, sick leave, carers leave, long service leave and bereavement leave)
    • to get payments such as overtime or other allowances (for example, tool allowances, uniform allowances, dry cleaning allowances and travel allowances).
    • to request flexible hours (if you care for children under school age or a child under 18 with a disability)
    • any other entitlements that are in your award or enterprise agreement
    • any other rights or entitlements in state or federal laws.

    This list does not list every example of a workplace right. There are many other laws that cover what happens at work including laws about health and safety at work and workers compensation. These laws may also give you rights.

    Can your employer dismiss you for making a complaint or an enquiry?

    Your employer must not dismiss you because you asked questions about your rights or conditions. Your employer also must not dismiss you because you made a complaint about them (for example, a complaint to the Fair Work Ombudsman) or started a legal case.

    What can you do?

    If you were dismissed from your job, you may be able to make a number of different claims against your employer. Before you make any claims or applications, you should get legal advice to help you work out what is the right option for you.

    If you were dismissed because you asked for or used a workplace right, it is possible to make a general protections application to the Fair Work Commission (the Commission).

     If you want to make a general protections dismissal application to the Commission, you must do so within 21 days of the date you were dismissed.

    The Commission may accept late applications, but usually only in exceptional cases. 

    The Commission will hold a conference to try and settle the dispute. If this does not solve the problem, it is possible to apply to the Federal Circuit Court  to ask for an order.

    The Federal Circuit Court can order that:

    • you be reinstated (get your job back)
    • your employer pay a fine (penalty)
    • compensation be paid to you.

    Which section of the Fair Work Act applies?

    Section 340 of the Fair Work Act is the section that protects workplace rights such as the right to wages, leave and other entitlements. When filling out your general protections application form for the Commission, you will need to refer to this section of the Act.

    Case study

    ​​ErichCase study icon

    Erich works as a waiter at Large Family Restaurant. Erich is worried that he is not being paid at the right wage rate. He asked his manager if they could me​et to discuss his pay slips. His manager told him he would get back to him.

    Two weeks later, Erich's manager called him and said that the restaurant was overstaffed and he had​ decided to let Erich go.

    Erich may be able to make a general protections dismissal application if one of the reasons his manager dismissed him was because he asked to be paid the right wages.

    Icon - alert This topic only deals with dismissals. However, it is possible to make a general protections application even if you have not been dismissed. You should get legal advice if you have been dismissed or are having problems at work. You may have other options, such as:

    • unfair dismissal claim if you were dismissed (for more information, see Unfair dismissal)
    • discrimination claim (if you have been discriminated against at work)
    • bullying claim (if you have not been dismissed but are experiencing workplace bullying).

    For answers to commonly asked questions, see What are general protections? - Frequently Asked Questions. ​

    Person on the phone