Boss is not your owner, nor has he bought you. You are paid in return for the work you do for the company. If you work in Australia, then you should know your rights and should also know about the things that your boss cannot legally do in Australia.
You may not be aware of your rights, but there are many things that your boss cannot legally do in Australia. As an employee, you should know about all these things so that your boss cannot misuse his power. That is why in this article we will talk about those things which your boss cannot do legally in Australia. There are many of these rules about which you will not know yet and when you will know about all these, you will be surprised.
Things Your Boss Can’t Legally Do In Australia
If you work in Australia, the government has made laws to protect employees from being taken advantage of wrongly by their bosses. However, to benefit from these laws, you should be aware of them, allowing you to protect yourself from any unfair treatment by your employer. Additionally, you can seek answers to your questions from the government organization named Fair Work Ombudsman, which works diligently to safeguard the rights of employees.
In Australia, a comprehensive framework of laws ensures that employees are protected and treated fairly in the workplace. These laws span a wide range of areas, safeguarding various aspects of employment including unfair dismissal, correct wages and entitlements, workplace health and safety, discrimination, and more. Below are some of the key things that your boss can’t legally do in Australia:
Unlawful Termination
If you work in Australia and you are in danger of losing your job, then you just need to keep your work and conduct right. Your boss cannot legally terminate you without any valid reason. If you find that you have been fired without a valid reason, you can lodge a complaint with the Fair Work Commission (https://www.fwc.gov.au/) on 1300 799 675.
Discrimination and Harassment
If you are the target of any kind of discrimination or inappropriate behavior, you have the right to take action. According to the law, it is against the rules for your boss to discriminate against you because of your race, gender, age, disability, or any other defended attribute. Moreover, the workplace also forbids harassment. If you encounter any form of discrimination or harassment, you can file a complaint and resolve the situation using the appropriate channels.
Denial of Leave and Benefits
If you are working in Australia, then here you are entitled to different types of holidays, such as sick leave, parental leave, annual leave, etc. Your boss cannot legally stop you from taking your leave, nor can you force it. Even if you want to take your annual leave, he cannot forcefully ask you to take cash out in return. But he can give you the option. If you have a problem with leave or benefits, you can get help from the Fair Work Commission.
Unsafe Working Conditions
Wherever you are working in Australia, it is the responsibility of your boss to provide you with a safe environment and he is bound for it. If you are not feeling safe in your work area and concerns are not being addressed, you can demand protection by reporting the problem to the relevant authorities.
Unpaid Overtime
When it comes to overtime, workplace laws in Australia protect you from unreasonable requests from your boss. In Australia, your boss cannot legally force you to do overtime. If an employee agrees to do overtime as per his wish then he should get proper compensation as per the terms of the registered agreement. Although this rule is not applicable in some situations, for example, if you work as a manager in the company or your post is classified as an executive.
Unpredictable Shifts & Hours
If you have to work Unpredictable Shifts & Hours in your office, then you should know about the rights of an employee. In Australia, your boss cannot legally give you unexpected shifts or hours, but you can protect yourself from all this if you are aware of it. If we try to understand this with an example, then your boss cannot ask you to change your working hours and shifts without any prior notice and if he does so, it will be illegal.
According to the Fair Work Act that came in 2009, if employers have to make some changes in the shift or working hours of an employee, then the employers will have to provide prior information to the employee for this. If this is not done then it will be a violation of the Fair Work Act and a lawsuit can also be filed against the employers.
Privacy Breaches and Bullying in the Workplace
To maintain a positive environment in the company, it is necessary to maintain the importance of confidentiality and the emotional well-being of the employees. This also means that no one can share your information with anyone without your consent and cannot make fun of or threaten you by taking advantage of his position in the workplace.
If any of these things are happening to you, then first of all inform your boss about it and if you do not get any solution from there too, then you can complain to any state or federal body. If your complaint is found to be correct after investigation, you can get fair compensation for the loss caused due to it.
Conclusion
There are many things that your boss cannot legally do in Australia. In this article, we tried that as a worker, you should be told about your rights in the workplace, so that if something goes wrong with you in your office, then you have the right information about your rights. If you are being mistreated in your work area or you are seeing any other type of problem mentioned in the article in your work area, then you can take legal action against it. But before making any kind of decision it is important to take legal advice once.
