You’d think everyone would agree with the statement that people deserve to be treated with respect and fairness at work. But sadly, there are always some employers who don’t, even though it is truly not a very high standard. There are government protections in place that are meant to ensure fair treatment, but many employees are unaware of what unfair practices these cover and how they can be protected. This article will explain exactly that.
So, What Exactly Are Unfair Work Practices?
Unfair work practices are an umbrella term. It covers all manner of things an employer might do that break employment laws and regulations, or which simply fall short of basic decency. What’s important to note is that the employer’s intention does not matter. They may do these things accidentally or deliberately, and not doing something they should can also be deemed an unfair work practice.
To give just a few examples, the following all count as unfair practices: underpaying wages, denying breaks that are required by law, pressuring employees to work unpaid overtime, and threatening or harassing employees as a form of control. Discriminating against employees based on gender, race or other protected characteristics also counts. We’ll explore some of these behaviours further below.
Wage Theft
Despite the name, wage theft isn’t theft in the sense that the employer is stealing money you already have. Instead, they’re keeping what you have rightfully earned. There are various ways to do this, some of which are not at all easy to notice. For example, they may pay below the minimum wage, not pay extra for overtime, withhold pension contributions, or wrongly label employees as independent contractors to avoid certain obligations.
In many jurisdictions of Australia, wage theft is actually a criminal offence, not just a civil one. It can often go unnoticed for many years if you don’t take steps to protect yourself, such as keeping detailed records of your hours worked and checking your payslips carefully.
Workplace Discrimination and Harassment
What we mean by discrimination is when an employee is given less favourable treatment based on a personal characteristic that’s protected by law. Most people are aware that this includes race, religion, disability or gender, but did you know it also includes age, sexual orientation and pregnancy? It also doesn’t have to be something direct, like being passed over for a promotion. Company policies that disadvantage certain groups can also count as discrimination.
Harassment, which is conduct that causes offence, humiliation or intimidation, is also a form of discrimination. All forms are unlawful, and you can protect yourself by keeping records of incidents. Be sure to note down the dates and times they happen and any witnesses who were present, which you can then pass along to an employment lawyer Sydney and other urban centres usually have many people who can help you make your case.
Unfair Dismissal
Even company owners don’t have the right to fire employees on a whim. They must be able to prove that the termination was reasonable and fair, and that it wasn’t carried out in an unduly harsh manner. An unfair dismissal is one that doesn’t meet all of these criteria. It’s not usually a criminal offence and is dealt with by a tribunal or commission.
However, not all employees are entitled to unfair dismissal protection. In most jurisdictions, they must have worked for a certain amount of time first. That means you are not protected if you’re offered a job but fail a pre-employment medical assessment or a short trial period. Genuine independent contractors are also not protected, as they’re not technically employees.
Workplace Bullying
Although it should all be left behind when we leave school, bullying in the workplace is fairly common. It is defined as repeated unreasonable or intimidating behaviour directed at an individual employee or a group of employees. It may take the form of verbal abuse, humiliation, social exclusion or the sabotage of work, and there is often some crossover with discrimination and harassment. It’s rarely reported because victims fear retaliation or career sabotage.
However, bullying is taken seriously by regulators and tribunals, and you can report it. The best form of protecting yourself is similar to how you should handle harassment: document incidents in plenty of detail.
Conclusion
Education is the key to tackling unfair workplace practices. They thrive when employees aren’t aware of their rights or don’t know how to protect themselves. Now that you know, you can look out for yourself and your colleagues. Be sure to record anything that seems like unacceptable behaviour in the workplace, and report it if you’re sure it’s a violation or if it is repeated.
