Top 5 Most Common Employee — Employer Legal Issues

Most business barring a select few, hire employees. When a business hires an employee they need to take into account that employees have a set of rules that protect their rights and practices. All of these rules need to be followed by prospective employees if they are to avoid legal issues between employers and employees.

Some of the common rules and regulations that apply to all employees include safety and security and wages, etc. These rules and regulations added with the rights of the employer himself can sometimes conflict and result in legal conflicts.

1.     Sexual or Racial Discrimination Cases

The people of Australia are one of the least discriminating people around the world. Yet, one of the most common forms of employee and employer legal issue is Discrimination. A large number of employees  take their employer to court over alleged discrimination. This can either be sexual or racial. Australian administration has always been against discrimination and these cases typically have potential for large fines.

2.     Harassment at Workplace

This is another common form of employee and employer legal issues. Typically employees can take their employer to court if they feel that the company has been unable to protect them from harassment or if the employer or the management itself has been an active part of the alleged harassment. A harassment complaint can be lodged by just about any employee irrespective of the fact that they either witnessed it or found themselves on the receiving end.

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3.     Negligence

Carrying forward a tradition from the British Courts, employees have traditionally been deemed responsible for the protection and safety of their employees. If the employer fails to take adequate care for the employee and they get into any sort of harm, the employee often sues the employer for compensation since they were negligent of their job. Negligence issues usually need to be resolved by experienced employment lawyers.

4.     Unfair Dismissal

This is one legal problem which has resulted in loads of legal cases being lodged by former employees against their employers. There is a standard procedure which needs to be followed for dismissals. No dismissal can be based on a person’s health, sex, race or even religion. Any such discrimination can be lodged in court under unfair dismissals.

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5.     Union Activities

Some organizations allow union activities to take place while other organizations don’t. Employees can sometimes enroll themselves in trade unions for better know how of their rights and to get protection in the case of an unfair dismissal. A number of employees can often be badly treated because of their association with a particular trade union. This legal issue is one of the common sparing points between employers and employees. Employees advocate their right to free choice while the employer sides with their rules and regulations.

These are some of the common legal issues that can arise between employers and employees. Typically it best if both employers and employees stay away from getting into legal troubles for the sake of the business.

Disclosure:

“The owner and operator of Market Mad House received financial compensation for this post.”