In Australia, workplace rights include the right to work in a safe environment, and equal treatment regardless of an individual’s gender, race or religion. They should be afforded and the right to contribute to social and cultural development in the workplace. If a disgruntled employee feels that they have been a victim of discrimination or wrongful termination, they may decide to file a lawsuit. Few people know how this works, so we’ll discuss the details in this article.
In the workplace, the primary protection that applies to rights against discrimination is upheld. These include:
Adverse action is any action taken by a person that makes it difficult or impossible for others, particularly employees, to enjoy their workplace rights. In essence, any action taken could breach the Fair Work Act. Examples of adverse action include:
The act covers the recruitment, employment and management of employees and emphasises the employee’s best interests. For example, an employee may not be hired for being a political party member, or an employee may not be promoted for taking leave to care for a sick family member.
You should also know that the law prohibits your employer from making things harder for you if you decide to pursue legal action. Let’s say you choose to file a claim for unpaid wages. Your employer cannot terminate, demote or harass you because of it. Doing so will constitute an adverse action.
The general protections law is broader than the Fair Work Act. For example, the latter specifies that employees who aren’t involved in an industrial dispute are entitled to take action if they’re sacked or demoted unfairly.
The general protections law, on the other hand, states that all employees have the right to have legal action taken against an employer. This is applicable if they’re unfairly dismissed, given less favourable treatment or work conditions, or penalised because they made a complaint against an employer.
If you’re still employed, there are several ways you can use the general protections law to defend your rights in the workplace. For example, if you were unfairly dismissed because you exercised your workplace rights, you can file a general protections application to ask for compensation.
To prove your claim, you must be able to show that you were dismissed because of the reason you gave. Then you need to show that you were made to suffer detriment, mental harm, or injury. Each law firm has its conditions, so check the website of the one you choose.
You can seek a court order if your employer doesn’t comply with your application. If the court orders an employer to pay you compensation, you have the legal right to hold out for it or move the case to the Federal Circuit Court. If you still don’t get the compensation, you can take the case, and the court will determine the amount you will get.
Workers’ rights are protected through several legislations. If you’re considering filing a lawsuit against your employer, research is recommended to ensure you’re on the right path. A workplace is meant to be a safe and friendly place; when it’s not, you must take action.
If you’re looking for workplace lawyers in Brisbane, Saines Legal can help you! Our legal professionals are well-versed in workplace laws, so we can assure you that the legal aspects of your operations are covered. Reach out today and allow us to assist you!