Employers must not take adverse action against an employee because that person:
- has a workplace right;
- has (or has not) exercised a workplace right; or
- proposes (or proposes not) to exercise a workplace right; or
- to prevent a person from exercising a workplace right.
Workplace rights and broadly categorised as follows:
| Workplace rights | Examples |
| Right to minimum entitlements | Employer must not harm employee because employee has a right under the NES to take parental leave. |
| Right to workplace role or responsibility | Employer must not harm employee because employee has a role under an enterprise agreement, such as: WH&S representative or site safety committee member. |
| Right to participate in process or proceeding | Employer must not harm employee because employee gave a statement to an inspector as part of an Ombudsman’s investigation. |
| Right to make a complaint or inquiry | Employer must not harm employee because employee has complained to the employer. |
