Can I go to the Fair Work Tribunal because I’ve been badly treated but not yet dismissed?

Can I go to the Fair Work Tribunal because I’ve been badly treated but not yet dismissed?

You may make a general protections application Form F8C even when you have not been dismissed from your employment (section 372). Unlike unfair dismissal, you are protected from adverse action even if you are not an employee.

The taking of adverse action is defined broadly and includes actions taken against contractors by principals (section 342):

Adverse action not including dismissal can include:

  1. injures the employee in his or her employment; or
  2. alters the position of the employee to the employee’s prejudice; or
  3. discriminates between the employee and other employees of the employer.
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