Workplace Disputes

A workplace dispute is a disagreement or conflict between two or more people that relates to their place of work. Workplace disputes may arise between an employer and one or more of their employees, as well as directly between two or more employees.

Workplace disputes may involve conflicts about workplace issues such as pay and other entitlements, work performance, employee misconduct, the application of the employer’s policies to a particular employee or group of employees, and disagreements about work duties. A workplace dispute may also arise where an employee is feeling bullied, whether by the employer or another employee.

Sometimes. If your employer’s behaviour has caused you financial or non-financial loss, you may have a right to commence legal action against your employer to recover that loss.

Not always. Ideally your employer has transparent processes that allow you to raise your concerns and seek a resolution without seeking legal help. If that’s not the case, you may be able to get help from the government regulators, such as the Fair Work Ombudsman or the WorkSafe or Safe Work operating in your state or territory. These services provide free (but often limited) assistance to workers. You might even be able to represent yourself in the Fair Work Commission, as it is less formal and more accessible than the courts. However, employment law can be technical and multifaceted. Therefore, it is recommended that you at least get some preliminary legal advice as soon as possible after the dispute arises, so that you are aware of your rights and the options available to you. The right lawyer on your side can be an important ally in a workplace dispute, even if they simply guide you in the background as the dispute progresses.

Usually, the first thing you should do is raise the issues with your employer. In many cases, your employer will have transparent and straightforward processes that allow you to raise your concerns and seek a resolution of your workplace dispute. You might also wish to obtain legal advice as soon as the dispute arises, so that you are aware of your rights and the options available to you.

How you report a workplace dispute and when depends on what the dispute is about and whether or not you still work with the employer. If you still work at the workplace where the dispute arose, it is usually best to first raise the dispute directly with the employer. To do this, check your employer’s policies to see if there is a process for reporting the dispute to your employer. If no policy exists, report the dispute to your employer in the way that makes you feel most comfortable, which might be face to face, over the phone or in writing. If you are no longer working for the employer, or feel you cannot raise the issues directly with your employer, you may be able to seek the assistance of the Fair Work Ombudsman or the WorkSafe or Safe Work operating in your state or territory. As there is not one body that deals with all workplace disputes, you might also wish to seek early advice from an employment lawyer, who can advise you about your rights and the options available to you to manage the dispute.

No. Refusing to work may constitute a failure to follow lawful and reasonable directions, which could lead to the termination of your employment. You do, however, have a right to be safe at work. So if the dispute is causing you to feel unsafe, you may have options to seek adjustments to your work while the dispute is being managed.

You can resign at any time, and for any reason. However if you have been accused of bullying and your employer commences an investigation, your employer may continue with the investigation and come to a conclusion about your conduct even if you resign before the investigation concludes.

Most investigations that are commenced to manage workplace disputes require findings to be made on the balance of probabilities. This means that you need evidence to show that it is more likely than not that the behaviour you are complaining about did occur. The best evidence is physical evidence, such as written evidence (emails, text messages).

This depends on what the dispute is about and whether the parties to the dispute are willing to compromise. Many workplace disputes can last months, and some take a year or more to resolve.

Generally, a worker protected under the Fair Work Act 2009 cannot be fired because they have made a complaint about their workplace. An exception to this would be where the complaint is found to be false or vexatious, in which case the employer may have grounds to terminate your employment.

If you have made a complaint directly to your employer, your employer should respond to your complaint swiftly and appropriately, and in accordance with any relevant workplace policy. If you have made the complaint to an external body, such as the Fair Work Ombudsman or Human Rights Commission, the complaint should be managed in accordance with that body’s published guidelines.

How you report a workplace dispute and when depends on what the dispute is about and whether or not you still work with the employer. If you still work at the workplace where the dispute arose, it is usually best to first raise the dispute directly with the employer. To do this, check your employer’s policies to see if there is a process for reporting the dispute to your employer. If no policy exists, report the dispute to your employer in the way that makes you feel most comfortable, which might be face to face, over the phone or in writing. If you are no longer working for the employer, or feel you cannot raise the issues directly with your employer, you may be able to seek the assistance of the Fair Work Ombudsman or the WorkSafe or Safe Work operating in your state or territory. As there is not one body that deals with all workplace disputes, you might also wish to seek early advice from a lawyer, who can advise you about your rights and the options available to you to manage the dispute.

If you feel that there is no one at work who is taking your complaint seriously (or you are not comfortable raising your complaint with anyone in your workplace) you should seek legal advice about your options. Depending on the nature of your dispute, the Fair Work Ombudsman may be able to assist you. Otherwise, seek the assistance of a good employment lawyer.

Absolutely. Most people spend upwards of 40 hours per week at their workplace, and facing a dispute at work can mean that the environment you spend all this time in becomes less welcoming and more stressful. That is bound to take a toll on your mental health. To protect yourself, enquire whether your employer has an employee assistance program (EAP), which offers free and confidential counseling to employees. Otherwise, you can reach out to external providers offering paid or free counselling support.