What Employee’s should be aware of!

Category: Commercial Date: 2.2.20 Published by:

What is unfair dismissal?

A person may be unfair dismissed by:

  • being forced to resign from their work place; or
  • they have been terminated unreasonable by their employer.

What is considered as an unfair dismissal?

Examples of being unfairly dismissed may be that:

  • you were dismissed;
  • your dismissal was harsh, unjust or unreasonable;
  • it was not a case of a genuine redundancy; and
  • if you were employed by a small business, your dismissal was not consistent with the Small Business Fair Dismissal Code.

How can you apply for unfair dismissal?

In order to make an application the following will need to happen:

  • you will have 21 days to lodge an application;
  • be covered by the national workplace relations system;
  • be an employee who has been dismissed; and
  • meet the criteria, for example minimum employment period.

What is bullying in the work place?

Bullying is defined under s 789FD of the Fair Work Amendment Act 2013 (Cth).

Bullying includes behaviours such as:

  • Intimidation;
  • Psychological harassment;
  • Isolating and excluding employees;
  • Providing impossible tasks;
  • Deliberately changing rosters;
  • Assigning meaningless jobs; or
  • Undermining work performance by deliberately withholding vital information.

What is harassment?

Some examples of may include:

  • Displaying racially offence content;
  • Insulting jokes about particular racial groups;
  • Asking intrusive questions; or
  • Sending explicit or sexually suggestive emails or texts.

Who to speak to:

  • A supervisor, manager or your human resource department;
  • Fair Work Commission; or
  • Australian Human Rights Commission.