Everyone has the right to go to work and do their job without being harassed, unfairly treated, or discriminated against. Sadly, although the law strives to help create this environment, it is not always successful. This is reflected in the fact that nearly 14,000 unfair dismissal claims were lodged during 2018-2019.
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Unfair treatment is a broad definition as it covers any employer behaving differently toward specific employees. This is usually seen as being overdemanding or trying to force employees out. However, it should be noted that unfair treatment can also apply to being treated better than everyone else. You may not complain but others can and are likely to.
Unfair treatment can take many forms, such as doing the same role as someone else but being paid less or the employer demanding you do more work.
If you think you’re being unfairly treated then you should follow the right protocol. This will make your cases stronger if you need to take further action. To aid the process it is worth talking to a specialist unfair dismissal lawyer.
You don’t need to wait until you have been dismissed, talking to the lawyer will help you choose the right path forward and position you properly if court action is necessary.
The first step is to start documenting the issues. You don’t want to be relying on your memory when dealing with unfair dismissal. Whenever you think it is happening document it. That means writing down what happened, who was involved, and why you felt it was unfair.
Your next step is to speak to the management. You can address the person who is being unfair to you and it is best to do this before going higher up the chain of command.
To ensure everything is fair, you should request a meeting and take a friend to act as a witness to the meeting.
In the meeting express your discord and show the examples you’ve been documenting. Make sure you have a copy of them to give to your employer if necessary.
A good employer will not have realized they are being unfair and take steps to rectify the issue.
However, they may become more aggressive or unfair, in which case you can take it to higher management to see how they respond.
The Australian Human Rights Commission was established to help people that are being discriminated against or treated unfairly by employers. Anyone can make a complaint and they will offer advice and investigate the issue. They will also offer a conciliation service that will attempt to resolve the issue between you and your employer.
In many cases, this is a successful approach.
If conciliation doesn’t work then you are likely to be unfairly dismissed or quit because you feel the environment has become toxic. This is when your unfair dismissal lawyer will be able to assist. Just remember, see them straightaway as your claim must be filed within 21 days of the dismissal.
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