Are you having issues at work and no longer want to work for your employer? Are you experiencing difficulties in your employment and don’t know what you can do to fix it? If so, we can help! Read On
Before You Resign, Consider Your Options
Regardless of whether you want to stay or leave your employment, it is important to remember to never resign! Once you resign, the onus is on the employee to prove they were forced to do so and this may be a difficult task. Rather than resigning or suffering in your employment, we can assist employees in lodging disputes against their employers.
Are you experiencing issues in the workplace and are contemplating resigning?
Aforementioned, it is important that you never resign. Once you resign, the onus is on the employee to prove they were forced to do so and this may be a difficult task. Prior to making the decision to resign, it is important to consider disputes and claims you may be eligible to lodge in order to exit your employment with the best possible advantage.
A Fair work Commission Form F8C – General Protections Application not involving Dismissal – is an application in which employees can seek a preventative remedy but also possible compensation through an exit package. For more information on what a General Protections claim is, please visit our General Protections page or call us on 1800 333 666
Ask yourself, are you being bullied at work after making a complaint? Have you made a complaint about something in the workplace and now the employer is treating you less than favourably? Is the employer demoting you after you made a complaint?
If an employee can demonstrate that the employer is acting adversely towards them as a result of them exercising their workplace rights, we can lodge an F8C Application to resolve the issues you are experiencing at work and potentially restore your employment relationship.
Through these applications and disputes, we can help clear your name of any allegations that an employer may have brought against you, we can request a transfer to another position within the Company, we can restore a previous positon if you have been demoted and many other similar remedies. If you want to fight for your job, we can help! Please call us on 1800 333 666, and we can assist you in fighting back against your employer.
However, do you feel like the employment relationship has deteriorated beyond repair? Do you want to continue working or would you prefer to leave? If an employee can demonstrate that the employer is acting adversely towards them as a result of them exercising their workplace rights and as a result, does not wish to continue their employment, the employee can see an exit package, by way of resignation, to terminate the employment relationship. If the employee can demonstrate pain and suffering as a result of the workplace bullying, the employee may seek compensation in the form of general damages. If you are unsure about which application to pursue against your employer, please give us a call on 1800 333 666 for a free and confidential consultation.
Still employed and being bullied at work – Anti-Bullying Applications
Are you experiencing bullying in the workplace and want it to stop so you can keep your job? Are you wondering what conduct actually constitutes bullying in the workplace?
Under the Fair Work Act 2009 (Cth) (the FW ACT), workplace bullying occurs when an individual or a group of individuals repeatedly behaves unreasonably towards a worker, or a group of workers of which the worker is a member, at work and that behaviour creates a risk to health and safety. Depending on the circumstances, employees’ may be eligible to lodge an application for an order to stop Workplace Bullying (Form F72) or a General Protections Application not involving dismissal (Form F8C).
A Form F72 – Application for an order to stop Workplace Bullying – is an application which seeks a preventative remedy, not remedial, punitive or compensatory. For the Commission to be able to make orders to stop bullying, it must be satisfied not only that a worker has been bullied at work by an individual or a group of individuals, but also that there is a risk that the worker will continue to be bullied at work by that individual or group of individuals.
Once an employee lodges a Form F72, the Fair Work Commission will consider the evidence and whether, assessed objectively, that evidence constitutes bullying behaviour and, in that context, whether it comprised reasonable management action carried out in a reasonable manner. Prior to a determination being made, the Fair Work Commission is likely to hold a preliminary conference to consider how the matter will proceed and how the parties will conduct themselves during the course of proceedings. A matter may then be listed for a determinative conference or a hearing to determine whether or not to make an order to stop bullying.
Don’t give up, fight for your job, don’t let some petty employee, or manager or employer derive you of your income and enjoyment in life. You do have rights, its how you excise them is the key, give us a call to discuss, explore your options.
We are A Whole New Approach P/L, we are not lawyers, but leading workplace advisors, any issues around unfair dismissals, general protections or any other workplace matter we are happy to help. 1800 333 666 , 7 days a week. all calls confidential