LexisNexis Practical Guidance®
Straightforward guidance across a range of topics

What constitutes a workplace right?

Section 340 provides wide-ranging protection against adverse action for persons who exercise, or can exercise, “workplace rights”.

“Workplace rights” for these purposes include that a person:

  • is entitled to the benefit of, or has a role, or responsibility under, a workplace law, workplace instrument or order made by an industrial body;
  • is able to initiate or participate in a process or proceeding under a workplace law or workplace instrument;
  • is able to make a complaint or inquiry to a person or body having the capacity under a workplace law to seek compliance with that law or workplace instrument; and
  • being an employee, is able to make a complaint or inquiry in relation to their employment.

See What constitutes a workplace right?