Unjustified Disadvantage

If you think you are being unfairly disadvantaged at work, please contact us. An employment law advocate will be able to assist you and raise a personal grievance on your behalf if you have a case.

Employees can raise a personal grievance if:

  • Their employer does something that affects their employment or conditions of work in a way that disadvantages them and/or makes it harder for them to do their job, and

  • The employer’s action isn’t justified (isn’t fair and reasonable or is not in good faith).

The following examples would qualify as an unjustified disadvantage:

  • The employer is not dealing with an issue that has been raised by the employee, and the issue makes it harder for the employee to perform their job or duties properly. eg bullying, harassment, health and safety issues, inappropriate behaviour.

  • Withdrawing work or not giving work to the employee.

  • Demotion of the employee into a lower role.

  • Illegally suspending the employee without pay.

  • Transferring the employee to another location without consultation.

  • Giving an unjustified warning.

In some instances, an employee may raise a concern relating to an unjustifiable disadvantage. If this isn’t dealt with to their satisfaction they may feel that they have no choice but to resign. 

This could lead to the employee bringing legal action against their employer under the grounds of a constructive dismissal. 

Let us know before you resign, we can arrange an employment advocate to talk through your options with you.