Hi lovelies,

Data from the Australian Human Rights Commission revealed that between 2018-19, 12% of all enquiries the Commission received were employment-related concerns. The Australian government’s Fair Work Ombudsman lists ten minimum entitlements all employers must guarantee for their employees. Ignorance on the part of employees can leave them in the dark on many rights that they are entitled to legally, leading to unwarranted endurance of a host of unfavourable conditions. Therefore, it is advantageous for employees to know their rights in the workplace. Do you want to learn more about your employee rights? Well here are six rights you must know.

1. Right to fair wages
According to the Fair Work Ombudsman, employees must be paid the correct pay rate for all time worked. Most work activities qualify as “work” under the law, so this pay rate includes the time you spend in meetings and training. Take-home tasks and receiving pay for overtime work are also considered under this law. In Australia, employee rights emphasise that your employer must pay everything they owe you or risk hefty fines. Many lawyers suggest checking for genuine accountancy mistakes if you discover you are being underpaid, proceeding to lodge a formal demand for better remuneration, and resorting to court action if your organisation ignores your request.

2. Right to protection from discrimination
A reported 82% of respondents in a survey acknowledged the presence of discrimination in Australian workplaces. Data from Statista in 2017 indicates that 56 % of Australian workers had experienced harassment and discrimination. Workplace discrimination involves any prejudicial treatment against employees or prospective employees because of the person’s specific attributes. The Australian Human Rights Commission lists the following grounds upon which discrimination is unlawful; race or ethnic origin, age, disability, family, sex, marital status, and pregnancy. In recent times, sexual orientation has become an additional consideration. Employers who are guilty of discrimination rooted on any of these grounds can face enforcement action from the Fair Work Ombudsman.

3. Protection from wrongful termination
Information from the Fair Work Commission’s annual report for 2016-17 reveals about 280 wrongful dismissal claims made weekly, representing 40% of total complaints and making it the most reported dispute the Commission has had to settle. A reported 96% of these cases reach informal resolutions before reaching a Commissioner. Section 772 of The Fair Work Act (2009) outlines that employees must not terminate employees’ employment for reasons like; absence from work due to illness, injury, maternity, and parental leave. If you feel you have experienced wrongful dismissal, you should contact the Fair Work Commission for redress.

4. Right to a safe workplace

Research from the Australian Bureau of Statistics in 2013/14 showed over half a million workplace injuries, an average of one person getting hurt while working every minute! The Safe Work Australia’s annual reports from 2018-2020 show that 448 workers have been fatally injured at work. You have a right to safe working environments to ensure your safety and productivity. Because of this, the Work Health and Safety Act was instituted in 2012 to highlight health and safety protocols designed to protect employees from workplace hazards and risks. Your employers are therefore liable to hefty fines and other penalties if they violate safety laws, and you are within your rights to consult services like Adviceline Injury Lawyers if they are doing so. 

5. Protection from sexual harassment
Any unwelcome sexual conduct constitutes harassment. The Australian Human Rights Commission reports that 71% of Australians have experienced sexual harassment at the workplace, with only 17% of victims lodging formal complaints. The Sex Discrimination Act of 1984 makes it unlawful to harass anyone at work in all Australian jurisdictions. You are entitled to report harassment at work by making complaints under Commonwealth law or State legislation law. Under Commonwealth law, you can notify the Australian Human Rights Commission of the harassment within six months of occurrence. Complaints made under State legislation laws typically have a longer time frame for lodging reports. 

6. The right to unionize

Research from Datacube 18 in 2016 indicates that there were 1.6 million trade union members in their primary job. A union is an organization that represents the interests of employees in an occupation or industry. The Fair Work Act of 2009 grants Australian employees the right to unionize freely. It is, therefore, illegal for employers to pressure employees to join or not join a union. It is also unlawful for employers to take or threaten action against employees for participating in trade union activities.