Who investigates and prosecutes employers who break the law?
The Fair Work Ombudsman investigates complaints against employers who are alleged to have broken the law, and can do compliance audits on employers and can also conduct prosecutions against employers who break the law. The Queensland Workplace Rights Ombudsman may also provide information and assistance.
Who can I contact to see if I am being paid correctly? How do I recover unpaid wages or deal with a breach of an award, workplace agreement or contract?
- Contact Fair Work Australia for referrals
- If you are a member of a union, contact your union
- You can also get private legal advice if you believe there is a breach of a contract, or an award or an agreement.
What is workplace harassment? What is workplace bullying? Who can help me?
Harassment includes discrimination, sexual harassment or vilification on basis of race, religion, sexuality, gender identity and is against the law. Bullying includes intimidation, offensive or degrading comments or conduct in front of co-workers or clients and customers. Bullying can come under discrimination laws or can be against workplace policy.
If you have experienced workplace harassment or bullying contact
I have been demoted at work. Can the employer do that?
A demotion (and even a promotion) amounts to an ending of an existing contract of employment and the commencement of a new contract of employment. Sometimes unfair dismissal laws may apply to a demotion.
Sometimes an award or an agreement may set down conditions for notices to be given before you are demoted, and grievance procedures that must be followed. Anti-discrimination laws can also apply to demotions (or promotions) if it was based on things that were discriminatory. Get legal advice.
Can an employer discipline me for something I did at work?
Employers may have the legal right to discipline employees. This can be set out in an award, legislation, a contract of employment or clearly stated and publicised company policy. Any disciplinary action against an employee needs to be well founded.
Types of discipline may include warnings, counselling, fines, suspension without pay, withholding bonuses, demotion, or denial of promotion.
Federal employers are not permitted to take action against employees for exercising their workplace rights. This means that employers cannot dismiss an employee, cut their hours, or disadvantage them in any way because they have made a claim to an entitlement under the law. Employees who think they have had adverse action taken against them by an employer because they have a legal entitlement should get legal advice.
If you have been disciplined, get legal advice or speak to your union.