Employees rights are protected by law in Australia, knowing these rights is crucial for any worker as it ensures that you are treated fairly in the workplace. Below we list 8 employee rights in detail that you need to know:
1. Fair Pay and Conditions
The National Employment Standards sets out 11 minimum employment entitlements. This includes entitlements such as maximum weekly hours, requests for flexible work arrangements, parental leave, notice of termination and redundancy pay. These entitlements cannot be waived or replaced by an employment contract.
2. Protection Against Discrimination
Employees in Australia are protected against discrimination on the grounds of race, gender, age, disability, religion, and sexual orientation. Discrimination can take many forms, including harassment, bullying, and victimisation. If an employee feels that they have been discriminated against, they can make a complaint to the Australian Human Rights Commission.
3. Protection Against Unfair Dismissal
Employees who have been unfairly dismissed have the right to lodge a claim with the Fair Work Commission. Unfair dismissal can occur when an employer terminates an employee’s employment without providing the employee with procedural fairness or for reasons that are not valid. For more details regarding unfair dismissal, read our article Unfair Dismissal FAQ.
4. Flexible Work Arrangements
Employees with caring responsibilities, such as looking after children or elderly relatives, can request flexible work arrangements from their employer. This may include changing their hours of work or working from home. Employers must consider these requests in good faith and can only refuse them on reasonable business grounds.
5. Protection from Sexual Harassment
Employees in Australia are protected against sexual harassment in the workplace. Sexual harassment can take many forms, including unwanted advances, inappropriate comments or physical contact. If an employee experiences sexual harassment in the workplace, they can make a complaint to their employer or the Australian Human Rights Commission.
6. Protection Against Workplace Bullying
Workplace bullying is a serious issue that can significantly impact an employee’s mental health and well-being. Employees in Australia have the right to work in an environment free from bullying and harassment. If an employee feels that they are being bullied, they can make a complaint to their employer or lodge a claim with the Fair Work Commission.
7. Right to Join or Refuse a Union
The right to join a union and engage in collective bargaining is protected under Australian law. Unions can provide employees with support, advice, and negotiating power when dealing with their employers. Employers are not allowed to discriminate against employees who are union members, and employees also have the right not to join a union if they decide this is what’s best for them.
8. Right to Request Employment Records
Employees have the right to access their employment records, including information related to their pay, leave and other employment details. Employers are required to provide this information within a reasonable time frame and can only refuse if there is a valid reason, such as protecting the privacy of other employees. This right is important for employees to ensure that they are being paid correctly and that their employment records are accurate.
Conclusion
Knowing your employee rights is crucial for ensuring fair treatment in the workplace. These employee rights cover a range of areas, including pay and conditions, discrimination, unfair dismissal, flexible work arrangements, sexual harassment, workplace bullying, and more.
If you believe that your employee rights have been violated, National Employment & Labour Lawyers have a dedicated team who can assist you with your employment matters. We offer a free and confidential initial consultation, where we can discuss your situation and provide you with tailored advice. Get in touch with us today!
Disclaimer: The information contained in this article is of a general nature and is not intended to be relied upon as, nor to be a substitute for, specific legal or professional advice.
