What Rights Do I Have As An Employer In Australia?

In Australia, you have a number of significant employment rights that safeguard you at work.

How does this affect you? You are shielded by these rights from situations like workplace harassment, bullying, and discrimination.

You may make sure you’re treated properly by being aware of when an employer is violating them and by comprehending them.

Table of Contents

1. The Freedom To File A Complaint Without Repercussions

You have the right to voice any complaints you have regarding your employment.
Any complaint an employee has regarding their employment can be made to their employer. It doesn’t matter if it’s written or verbal, formal or informal, or either.

You are legally shielded from retaliation or termination as a result of making a complaint about your employment, so you can do so with confidence.

If it interferes with your own employment, you may also express dissatisfaction with how other workers are handled or affected in the workplace. For instance, if you work on a team and one of your teammates is being treated unfairly, it might affect how well you perform.

So, how do you intend to complain? First, you can voice an informal complaint verbally; however, if that doesn’t resolve the issue, you should follow the formal grievance procedure at your place of employment. Put it in writing, such as by sending an email to the appropriate person, if this is not the case.

It may be a violation of the Fair Work Act’s general protection provisions if you are fired or subjected to other adverse treatment as a result of a complaint you made about your employer.

*Please note that national system personnel are also subject to the right to complain as described here. If you work for a private company that sells goods and services, for instance, you are most likely a national system employee.

2. The Right To Accurate Payment

Worker Rights Lawyers

Businesses that underpay their workers risk penalties.
Do you receive a fair wage? As an employee in Australia, you have the legal right to expect your employer to pay you everything you are due; otherwise, they risk being punished.

It’s a good idea to look for real faults first, such as accountancy issues, if you believe you are being underpaid.

It could be time to think about making a formal demand for payment if there is more to it. Consider taking legal action if this is disregarded.

This right allows you to hold companies, as well as specific people like directors, accountable for underpaying you.

3. Discrimination Protection

Discrimination

Workers who experience employment discrimination may file a general protection complaint and receive compensation.

Every employee is shielded against discrimination at work. Because there are numerous “categories” of discrimination, it’s critical to comprehend how the law works and how the Fair Work Act might be of assistance to you.

It’s crucial to comprehend what discrimination is and which forms of discrimination are covered under the basic workplace safeguards. Discrimination can take many different forms, such as refusing employment based on race or preventing promotion due to pregnancy.

Your employer is not permitted to impose barriers at work, refuse promotions or employment, or fire you for any of the following reasons:

The phrases “race” and “ethnicity” refer to both your national or ethnic roots and your historical colour identification.

National extraction: Unless that status renders you ineligible for employment in Australia, an employer cannot discriminate against you based on your citizenship or place of birth, whether by birth or by self-identification (for example a foreign citizen without the correct visa.)

Gender identity: People who identify as transgender or gender neutral cannot be discriminated against based on their gender identification.

Age: It is unlawful to discriminate on the basis of age unless legislative age restrictions are in place. For instance, it would be acceptable to refuse an underage applicant employment at a bar.

Relationship status: Whether you are married, widowed, divorced, separated, or single, an employer is not allowed to treat you differently.

Pregnancy: By legal standards, getting pregnant shouldn’t have a detrimental impact on your job. If you communicate your wish to get pregnant, are pregnant, or simply suspect you are pregnant, you are also protected from discrimination.

Parental responsibility: If you have dependent children, your employer cannot treat you differently.

Disability, whether physical or mental, cannot be a basis for discrimination unless it prevents an employee from performing essential job duties.

Social status: This broad category, which encompasses factors like native tongue, social caste, and local heritage, prohibits your employer from treating you unfairly because of your social standing.

Political beliefs: You are free to associate with any political group and to have any political ideas without fear of retaliation, with the exception of acts of violence that are motivated by politics.

Religion: Unless you work for a religious organisation that adheres to a certain faith and you do not, your employer is not allowed to discriminate against you because of your religion. For instance, a Catholic school has the authority to choose a Catholic candidate for a theology position over a non-Catholic applicant.

4. Protection Against Humiliation

You can submit an application to the Fair Work Commission to have the bullying stop if you are being bullied at work.

You are protected from bullying and harassment at work as an employee. However, it can be challenging to determine what constitutes bullying…

It can be challenging to characterise bullying. Even while you may disagree with them, acceptable actions like being put on a fair performance management plan would not be considered bullying.

Instead, cruel treatment that has a harmful impact on your health is the traditional definition of bullying (or has the potential to have a negative effect on your health). For instance, if you feel anxious because you are being treated unfairly.

You can initially file an informal report if you’re being bullied to see if anything changes. You may file a formal complaint if not. If this is not done, file a formal application to halt bullying with the Fair Work Commission.

5. Protection Against Unfair Termination

Unfair Termination

In order to file unfair dismissal lawyers claim, you have 21 days. If your employment has been lost in the last 21 days, call us for a consultation.
You cannot be fired unfairly by an employer if you meet the requirements for employment. When ending your employment, your employer must have a good reason for doing so.

Not all workers are safeguarded against wrongful termination. Depending on the size of your organisation, protection starts after a minimum of six or twelve months of employment.

Additionally, you must make less than $149,400 AUD annually; but, if you make more than that, you may still be protected if you are covered by an enterprise bargaining agreement or a modern award.

If you commit misconduct that is serious enough to warrant firing you, your employer has the right to do so fairly (as opposed to giving you a warning).

If after receiving performance warnings you still don’t improve, you may potentially be fired fairly.

If you are unwilling to undertake essential duties for your position or are unable to do so, you may also be justifiably fired.

You have 21 days from the date your employment ends to make a claim with the Fair Work Commission if you believe you were fired unfairly.

6. Abolishment Of Sexual Harassment

Sexual Assault

You may be eligible for compensation if you have experienced sexual harassment. We provide a free, private telephone consultation.

Because sexual harassment has no place in the workplace, you are protected by this right. No of your gender, as an employee, you have the right to file a complaint if you experience any form of sexual harassment.

Sexual harassment can take many different forms, such as persistent advances from a coworker or inappropriate sexual comments. Excessive flattery, physical touch, and even suggestions that how you react to approaches may influence your status as an employee are all examples of this.

Any inappropriate sexual behaviour is considered sexual harassment.

You can file a complaint with the Australian Human Rights Commission if you’ve been subjected to sexual harassment.

7. Getting The Information Statement About Fair Work

Even though it could be unclear, you have a right to be aware of your rights! Every new hire should receive information on the Fair Work Act from their employer.

Either before to your start date or at the earliest opportunity, your employer must provide you with a copy of the Fair Work Information Statement. They would be breaking the Fair Work Act if they didn’t.

Each employee is informed of all of their rights, including those listed below, as well as the National Employment Standards, in this document.

8. The Ability To Ask For Employment Records

Employment History

For the previous seven years, you can access your personnel records.
You have the right to seek copies of your employment records as an employee. Your record must be kept on file by your employer for a minimum of seven years by law.

Employee records must be retained by all businesses for a minimum of seven years. You have the right to ask for a copy of your records at any time during this entire period if you are a current or former employee. If your business doesn’t comply, they risk being fined.