If you have been dismissed and you think that the dismissal was unfair, you may find recourse in court.
Where you believe your dismissal was based on discriminatory grounds (age, sex, race, disability, pregnancy, family or carer responsibilities etc.) or if it occurred because you exercised your workplace rights, you may be entitled to make a general protections application. This sort of application (which is also known as an “adverse action” claim).
Made redundant?
If you are employed under an award or an enterprise agreement, your employer is obliged to consult with you concerning any proposed redundancy. If your employer is not a small business employer, you may be entitled to redundancy pay, an award or an enterprise agreement, depending on what applies to your contract.
If your employer had obligations to consult and failed to do so, or if you consider the redundancy is not a genuine redundancy, you may be entitled to lodge an unfair dismissal application. Strict time limits apply, so if you think your redundancy has not been properly managed or is not genuine, you should contact your union or a lawyer as soon as possible.
Experiencing discrimination at work?
Subject to specific exceptions, it is generally unlawful to discriminate against a person in the workplace on grounds of race, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion or political opinion.
Suffered a workplace injury?
If you have been injured at work, you must let your employer know as soon as possible. You may need to make a worker’s compensation claim. You can obtain a claim form from your employer and you will be required to provide an approved medical certificate from your nominated treating doctor.
Where to get help for work-related issues
You can start with the Human Resource Department. If you are a union member, contact your representative, or go directly to the local office branch. Next, try the Labour ministry; they should be able to help. As a very last resort, you could secure the services a lawyer for legal options. (Internet sources) (
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