UNDERSTANDING YOUR RIGHTS: WHAT YOUR BOSS CAN AND CAN NOT DO LEGALLY IN AUSTRALIA

Introduction

You may not be aware of your rights as an employee, but that doesn’t mean they don’t exist. In fact, there are a number of things your boss can’t do legally in Australia, and some of them may surprise you.

For example, did you know that your boss can be sued for forcing you to work excessive hours, or for discriminating against you based on your race or gender? If you’re not sure what your rights are, or if you feel like you’re being treated unfairly by your boss, it’s important to speak up. The team at Employment Law Australia is here to help.

What are Australia’s Fair Work Laws?

In Australia, the law is designed to protect workers from being taken advantage of by their bosses. There is a range of laws that cover everything from pay and conditions, to parental leave and unfair dismissal.

If you’re not sure what your rights are, or if you think your boss is breaking the law, there are a number of resources available to help you. The Fair Work Ombudsman is an independent government body that can help answer any questions you have about your rights at work.

You can also speak to your union representative if you’re a member of one, or consider seeking legal advice. Remember, it’s always better to be safe than sorry, and you shouldn’t feel afraid to stand up for your rights.

Unfairly Sacking You

There are a few things your boss can’t legally do Australia sack you. If they terminate your employment without a valid reason, it’s considered unfair dismissal. This could be grounds for a lawsuit, so it’s important to know your rights.

Another common reason for people to take their boss to court is if they’re fired because they took lawful leave, such as maternity or sick leave. If you feel like you’ve been unfairly dismissed or discriminated against, don’t hesitate to speak to an employment lawyer. They can help you understand your rights and what steps you can take next.

Working Long Hours Unpaid

In Australia, your boss cannot force you to work more than 38 hours a week without paying you overtime. This law is in place to make sure you’re being compensated fairly for the time you’re putting in.

There are some exceptions to this rule, such as if you’re a manager or if your job is classified as “executive.” But in general, your boss cannot ask you to work more hours than you’re contractually obligated to without paying you overtime.

If this happens, it’s important to speak to an employment lawyer. They can help you understand your rights and whether or not you can sue your boss for working long hours without pay.

Not Giving Shifts and Unpredictable Hours

Many employees in Australia have to deal with their bosses on a daily basis, and so it’s important for them to know their rights. For example, your boss cannot legally give you shifts or hours that are unpredictable. That means they can’t just show up and tell you to work without warning or change your hours without giving you proper prior notice.

Under the Fair Work Act 2009, employers must provide employees with reasonable advance notice of their shifts and hours, and failure to do so can result in a breach of the Act. If this happens, employers can be sued for any losses incurred due to the lack of notice given, so it’s essential that they adhere to these regulations.

Misusing a Company Account Can Leave You Being Dismissed

Another point to consider is the misuse of a company account which could lead to your dismissal. Your boss cannot legally dismiss you if you mistakenly use a company account for private use, such as buying groceries or paying utility bills. However, if you are found to be deliberately misusing company funds this could result in disciplinary action against you and even dismissal.

It is important to remember that any disciplinary action taken against you must be in accordance with the law and your employment contract. If you feel that the disciplinary process has been breached, then you may be able to sue your employer for damages.

If this does happen, it is best to seek legal advice before taking action as the outcome for both parties can depend on a range of factors. But it’s always important to be aware of your rights when it comes to what your boss can and cannot do legally in Australia.

Breaches of Privacy and Bullying in the Workplace

It’s also important to know that your boss cannot breach your privacy or bully you. This means that they cannot access your personal information such as emails and other accounts without your consent, and cannot make jokes, insults or threats about you in the workplace.

If you feel that this is happening, then it’s important to act quickly and tell your boss immediately what’s going on. If they ignore your concerns, then you may need to raise a formal complaint with the workplace itself or with a state or federal body that can investigate further.

It’s also important to note that employers can be sued for breaches of privacy and bullying in the workplace. This means that if any of these things are happening to you and you take legal action against them, then there’s a good chance that you could win compensation for damages caused due to their actions.

Conclusion

So, there you have it. You now know what your boss can and cannot do legally in Australia. If you think you have been treated unfairly by your employer, or have unfair dismissal from your job for no reason, you may be able to take legal action. Remember, it is always important to seek legal advice to find out exactly what your rights are.