In Australia, every employee has workplace rights. These rights address things like pay and conditions, health and workplace safety, and even workplace bullying.
To learn more about your rights in the workplace, read on. And if you have any questions, please don’t hesitate to get in touch with one of Owen Hodge’s employment lawyers.
What are my workplace rights?
‘Workplace rights’ is a broad term under the Fair Work Act 2009, but some common employee legal rights include:
- Being able to take sick or maternity leave
- Ability to make a complaint or inquiry
- Having a safe work environment that is free from discrimination, such as:
- A right to fair pay (learn more: employment contracts and modern awards)
- Commence legal action if you have been treated unfairly
Learn more: rights of executives
Protection from unlawful actions
Under the Fair Work Act 2009, the above rights are protected from certain unlawful actions, including but not limited to:
- Adverse action
- Misrepresentations and/or undue influence or pressure in relation to:
- Flexibility arrangements
- Deductions from wages
What is adverse action?
Adverse actions are actions that are unlawful if they are taken for particular reasons (i.e. discrimination).
What counts as unfair treatment at work?
Examples of unfair treatment include:
- Dismissing employees unfairly
- Injuring employees in their employment
- Altering employees’ position to their detriment
- Discriminating between one employee and other employees
- Refusing to employ a prospective employee
- Discriminating against a prospective employee on the terms and conditions in the offer of employment
- Discriminating against a contractor
If you have any questions about what is considered an adverse action, please speak to the adverse action lawyers at Owen Hodge.
Can you sue your job for unfair treatment?
If adverse action has been taken against you, or you believe your workplace rights have been breached, you have the right to lodge a complaint with the Fair Work Ombudsman. Depending on your circumstances, you may also wish to speak to an employment lawyer about what other action can be taken.
If you are an employee or an employer and would like to know more about workplace rights and adverse actions, please feel free to contact our team of experienced workplace lawyers in Sydney, Hurstville and Oran Park.