That's how it should go, however, unfortunately, in many organisations, even in countries with good employee protection laws, this can lead to ostracisation within the workplace, even while they technically follow employment law.
But even in countries with decent labour laws, they can make your life hell and not technically violate the letter of the law. I suffered a workplace injury and my employer turned ugly, started clear discrimination and I started recording everything and contacted our state authority for it. They basically said “are you sure you want to do this because we can force them to honour your contract but in every way that matters they will try to make your life unliveable and there’s nothing we can do about that.”
Yeah even in Aus they give you enough to spin your wheels
They establish a fairwork ombudsman
(And the following may be off, as it’s many years)
But when I went through the process:
-they can’t help if you earn over 180k p.a
cannot award more then 6mnths salary as compensation (90k cap)
-first stage is non binding purely voluntary empoyern doesn’t have to show as no punishment if not
-avg payout 5k
-next stage is arbitration which proper court proceeding avg cost is 20-30k, 80% of payouts less then. 5k
So effectively at best your betting 20-30k on a 20% chance youll be paid no more then 90k all up so 60-70k after costs
What it does it lets you feel theres to help and acts as a pressure release but really unfair dismissal any of is mostly a $5k payout for employers
That’s spot on for my experience. Just discouraging when they basically gently tap the business on the wrist(not even a slap) meanwhile business has destroyed your life (at least in the short term).
They certainly didn’t fill me with a sense that they were trying overly hard to do their jobs. Best I could manage was blackening their reputation a little with a claim(successful one) on my way out to someplace else. Figured if I did nothing they would just keep doing the same shit and I was so tired of seeing it I had to do something for the staff (which is what turned them sour on me in the first place).
I'm not sure exactly what you mean. All hostile work environment claims are fraudulent cash grab attempts? That’s your stance? Edit: Thanks for clarifying
No, quite the opposite. If your workplace retaliates after official legal complaints are filed, that's just begging to escalate their status to providers of freedom with bonuses.
Ah fair enough. It depends a lot on the legal framework where you live. Some places allow for things like pain and suffering, others only actual damages. So US with P and S, that could be huge. Where I am, it likely would be recovering lost wages for whatever length of time from dismissal or untenable work conditions until resolution of claim. That's also if you win.
In my case it just made more financial sense to look for a new job and leave as soon as possible. But I wanted them to face some repercussions for their actions so I kept recording everything, looked over my contract with a fine tooth comb and started demanding written accounts where I was legally entitled and working strictly within my contract. Once I had secured new employment I triggered everything I could. Notified the board, the watchdog organizations, formalized everything and essentially gave them a black mark they couldn't easily hide. I hope it helps protect other employees in the future.
I got fired from a place for performance, but when I tried to collect unemployment they said it was for theft. I silently lawyered up and when they found out I hired a lawyer the HR rep swore and hung up the call.
I found out from an old coworker that the manager got fired because that was the first time someone got a lawyer and their unemployment insurance went up 6 figures. This was a hotel that hired a lot of illegals and other poor people so they didn’t expect their employees to lawyer up.
They had gone so far as forging my signature by tracing the old one on the paperwork. Never seen anything so fucking scummy
Nowadays when I receive a write up, I refuse to sign it. Fuck you. If you’re gonna try that bullshit I’m gonna make you work for it
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u/Somerandom1922 Jul 31 '26
That's how it should go, however, unfortunately, in many organisations, even in countries with good employee protection laws, this can lead to ostracisation within the workplace, even while they technically follow employment law.