One of the most common legal issues in the workplace is customer dissatisfaction. Their dissatisfaction, in most cases, stems from broken promises and defective products and services. The level of dissatisfaction can range from customer outrage to class action lawsuits. To address the cost issue, the 2008 Senate inquiry also recommended increasing funding for working women`s centres, municipal legal centres, low-cost specialized legal services and legal aid to ensure they had the resources to provide advice on gender discrimination and sexual harassment. [690] Other remedies ordered in SDA`s cases include an apology,[699] injunctions,[700] or award of serious damages. In a discriminatory case of dismissal, a reinstatement order was issued with an amendment to the employee`s lunch break to facilitate her care obligations. [701] The remedies granted by the courts are primarily focused on providing recourse to the salaried applicant. Deterrence is relevant when the court assesses sanctions as well as a number of other factors. [702] Safe Work Australia has also developed model codes of conduct.
The model codes of conduct for manual handling and hazardous chemicals contain references to pregnant workers, but there are no model codes of conduct dealing specifically with pregnancy-related risks. WorkCover NSW provides guidance on the types of measures that need to be taken to ensure the health and safety of pregnant or potentially pregnant women in the workplace, but was published in 2002 and has not been updated since. [670] WorkSafe Western Australia and the Northern Territory WorkSafe provide guidance on manual handling and pregnancy. [671] Another common legal issue is discrimination in the workplace. Employers can often be biased and unfairly hire based on political opinions, gender, race, religion, etc. This opens the door to increased liability and even possible prosecution. In addition, discrimination may emanate from the employees themselves against their employees. Usually, especially if they are not supervised, discrimination can lead to harassment, and a company would be held responsible for not preventing it.
While the vast majority of DSA complaints are satisfactorily dealt with through an open process, the National Review learned that the high cost of legal action brought by the courts is a significant barrier for women who take formal action when a case cannot be resolved through arbitration. The National Review heard a number of stakeholder views on the appropriateness of the existing legal and policy framework to protect women workers from discrimination based on pregnancy and return to work. But if an employer does not act, an employee in Australia has little room for recourse. Occupational health and safety legislation does not provide for enforcement for workers; its provisions are generally applied by the competent regulatory authority. This means that an employee`s right to sue an employer for breach of its health and safety obligations usually arises only after an injury has occurred. In Australia, minimum wages are set annually by the Fair Work Commission, Australia`s national labour relations tribunal. Lack of break time and adequate facilities can cause enormous stress to employees and cause mothers to stop breastfeeding or leave the workplace. Sexual harassment or any form of intimidation is also illegal and examples of discrimination. Companies need to be very aware of discrimination and work positively to prevent it through established company policies and awareness-raising meetings and practices. To help employers assess what is reasonably achievable for them in terms of the health and safety of their employees, WHS laws state that this means what can reasonably be done in the circumstances. [664] It considers and evaluates all relevant issues, including: legal problems can arise quite frequently in the workplace and their consequences can be potentially catastrophic for the company.
Even a small claim can cause serious damage not only to the budget, but also to a company`s reputation. Therefore, it is important to familiarize yourself with common legal issues so that you know how to deal with them and avoid them altogether. Under the FWA, there are extensive redress powers for violations of the provisions relating to adverse measures or violations of the NES (and rights in the workplace). [703] The Court of Justice “may adopt any decision it deems appropriate.” [704] Organisations should also ensure that information and guidance documents are shared with all relevant staff, including supervisory authorities.
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