Parts of Australia are current in a state of emergency and a state of disaster simultaneously amidst the global pandemic. With this, our rights and the laws we are governed and live under are changing on an extremely frequent basis. Both the state of emergency and state of disaster declared by our different levels of government has a significant effect on our rights, and it is extremely hard to keep up with the overload of information and constantly changing status of the law. So, with this article, we seek to clarify the standing of your employment rights.
Arguably the most common area of advice that is requested from our associates are surrounding redundancies, and whether they are genuine or whether they have been unfairly dismissed.
The high complexity of our industrial relations system prevents a ‘one size fits all’ answer. So, with regard to a redundancy, the first logical question to ask is whether the business or industry your employer is in has been detrimentally affected by COVID-19. If the workflow or stream of revenue has been substantially reduced due to COVID-19, your employer may have a rational reason to have made you redundant as it was a practical business decision.
However, not all hope is lost. Despite the real possibility of downturn in business, do you feel as if there was an ulterior motive in making you redundant over someone else?
Are you of the belief that you were more qualified or experienced than the employee who was not dismissed? Being or having been pregnant, being or having been on workers’ compensation or even having made honest complaints in the workplace, could be grounds for you to argue that your redundancy was actually not genuine.
At A Whole New Approach, we utilize our vast experience, knowledge and our strong logic and common sense to tackle the very real employment issues of today. There were many issues in the work sector where employees wished to protect themselves by wearing protective gear like masks but were prevented from doing so by their employer and sometimes even unfairly dismissed for it. As aforementioned, there is no straight answer to these employment issues, so make sure to contact us immediately to see if there is anything you can do to protect your employment rights amidst the global pandemic.