As an employee in Australia, there are some important rights that nearly all employees are entitled to, no matter where in the country you’re working.
By understanding them and knowing when an employer is breaching them, you can ensure you are treated fairly.
Have you been injured at work?
If you've suffered an injury or illness at your workplace, you may be entitled to benefits under the Workers Compensation Scheme.
The right to a Fair Work Information Statement
Your employer should give you a copy of the Fair Work Information Statement either before you start or at the first available opportunity. If they don’t, they’re contravening the Fair Work Act.
This document informs employees about their rights and entitlements, such as the ones included here, as well as the National Employment Standards.
All employees have the right to make a genuine complaint about a matter related to their employment (for example if you feel you are being bullied at work or underpaid), and you are legally protected from reprisals or termination because of a complaint you raise in relation to your employment rights or entitlements. *
How do you complain about your employment to your employer?
- You can make an informal complaint verbally,
- If that doesn’t work, you should use the official grievance policy at your workplace. Such a policy is usually found on your intranet or from your human resources department, if any.
- If this does not exist, then you can put your complaint in writing such as by sending it in an email to the appropriate person. In most workplaces the appropriate person will be a member of the Human Resources team or a senior Manager.
You can also seek help from your union or legal representative.
If you are terminated or receive any other negative treatment because of a complaint you made about your employment rights or entitlements it could be a breach of the general protection's provisions of the Fair Work Act.
*The right to complain as mentioned here applies to national system employees. Most Australian employees are national system employees, such as for example, if you work for a private company that sells goods and services.
The right to be paid fully and correctly
As an employee in Australia, the law states that you MUST be paid everything that you are owed by an employer, including any overtime and benefits you are entitled to – otherwise your employer can be penalised.
If you’re being underpaid, it’s a good idea to first check for genuine mistakes, like an accounting error.
However, if that doesn’t work try a formal demand for payment in writing. If this is ignored, consider court action. Wage theft in Australia is all too common and according to the McKell Institute it’s costing Aussies 1 billion a year.
The right to be protected from discrimination
All employees are protected against being discriminated against at work because they have certain attributes or characteristics. It is important to understand how the law applies and how it can help you if you believe you are being discriminated against.
Your employer cannot refuse to employ or promote you, terminate your employment, or treat you differently in the workplace for any of the following reasons:
- Race or ethnicity
- National extraction: whether by birth or by self-identification, an employer can’t discriminate against you based on your citizenship or place of birth – unless that same status makes you legally ineligible for work in Australia (for example a foreign citizen without the correct visa.)
- Gender identity
- Sexuality
- Age: Unless legal age limits are in place by law. For example, it would be okay to deny an underage person a job in a place that serves alcohol.
- Marital status
- Pregnancy
- Parental responsibility
- Physical or mental disability: Unless it prevents an employee from fulfilling core job functions, physical or mental disability cannot be grounds for discrimination.
- Political views: you are free to be a member of any political party and express any political opinions without fear of discrimination – excluding politically motivated acts of violence.
- Industrial activity
- Religion
- The right to be protected from workplace bullying
If you’re being bullied at work, you can make an application to the Fair Work Commission to stop the bullying. However, bullying can be a difficult thing to define. Actions you may not agree with but are deemed reasonable, such as being placed on a fair performance management plan, would not be classed as bullying, even if you feel that way.
Instead, bullying is usually defined as repeated unreasonable treatment that causes a negative effect on your health (or has potential to have a negative effect on your health). For example, if you are being treated unfairly in a way that causes you anxiety.
If you are being bullied, you can make an informal complaint first to see if anything changes. If not, you can make a formal written complaint. If this is ignored, you can make a formal application to the Fair Work Commission.
You can also seek assistance from your union or legal representative.
The right to be protected from unfair dismissal
If you are protected against unfair dismissal, you cannot be dismissed by your employer unless your employer has a valid reason to terminate your employment. Even if your employer believes they have a valid reason to dismiss you, they must give you notice of that reason and give you a chance to respond and put your side of the story before dismissing you.
If you believe you have been unfairly dismissed, you have 21 days to lodge an unfair dismissal claim with the Fair Work Commission.
Valid reasons can include:
- If you engaged in misconduct that is severe enough to justify dismissing you (as opposed to giving you a warning).
- If you failed to improve after being issued performance warnings.
- If you refuse, or are unable to, perform core components of your role.
The right to be protected from sexual harassment
If you’ve been sexually harassed, you may be entitled to compensation.
Sexual harassment has no place in the workplace, and this right ensures you are protected. As an employee, you can complain if you are subjected to sexual harassment of any kind, regardless of gender.
Sexual harassment takes many forms and can include:
Unwanted comments of a sexual nature to repeated advances from a colleague.
Someone implying your status as an employee can be affected by your response to advances
Excessive compliments
Physical contact
The right to request employment records
You can request your employee records for the last seven years without reason.
All businesses must keep their employee records for at least seven years. It’s your right as a current or former employee to be able to request a copy of your records. If your company fails to comply, they can be penalised.
