Unfair Treatment at Work: What to Do
Being treated unfairly at work is a distressing experience, and it often leaves people unsure of what they can do. In Australia, there is a system for seeking a resolution, but how you respond and prepare your records from the very start makes a significant difference to your chances of success.
This article is general information. When you face a specific situation, especially dismissal, discrimination, or union activity, seek legal advice from Fair Work, a community legal centre, or an employment lawyer.
Common types of unfair treatment
Being paid below the required rate: Paid less than the award rate, missing weekend or public-holiday penalty rates, or not being paid super. This is the most common problem.
Working conditions that breach the NES: Being denied annual leave, having to work beyond the maximum hours without compensation, or being denied sick leave when needed.
Unfair dismissal: Having your employment ended without a valid reason, without a fair warning process, or as a form of retaliation (for example, after you complained about something).
Discrimination: Being treated worse because of race, sex, disability, religion, pregnancy, age, or another protected attribute.
Harassment and bullying at work: Including sexual harassment and conduct that is insulting, intimidating, or systematically excluding.
Breach of union rights and representation: Being retaliated against for joining a union or taking part in collective activity.
Record it straight away — documentation is the most valuable thing
When you realise there is a problem, start recording straight away, even if you are not yet sure what you will do next:
Keep all pay slips: Compare the hours worked with the amount received. Photograph or save them digitally.
Record your actual hours: From the start, record the time you clock on and off each day, in your phone, a notes app, or a notebook. This is the strongest evidence in wage disputes.
Save all written communications: Emails, text messages, notices from management, do not delete them. Take photos if needed.
Record important events: The date, time, who said what, and who was present. Write it down while you still remember.
Keep your employment contract and any related documents: Including the job description, the offer email, and any changes to terms.
Before you escalate: try to resolve it internally
In many situations, the reasonable first step is to ask directly with your manager or HR, in writing (email) where you can:
- “I noticed my pay slip for month X is missing allowance Y — could you please check it?”
- “I would like to ask about policy X, as I am not sure about my entitlements.”
Communicating by email creates a record. An inquiring tone rather than an accusing one can sometimes resolve the issue more quickly and protect the working relationship.
If you have tried and it has not been resolved, or the situation could escalate when you raise it, move on to the next step.
Finding outside help
Fair Work Ombudsman (fairwork.gov.au): The first step for most employment matters. Provides free information, helps calculate underpaid wages, and can investigate if the evidence is strong enough. Has a Vietnamese interpreting service.
Lodge a formal complaint: If negotiation does not succeed, Fair Work can receive a complaint. There are time limits for lodging, especially for unfair dismissal. Check the time limit and seek advice early.
Australian Human Rights Commission (humanrights.gov.au): For discrimination matters at the federal level — race, sex, disability, and so on.
Community legal centres: Many centres have expertise in employment law and provide free help.
About visa concerns
Many people are reluctant to report breaches for fear of affecting their visa. The Fair Work Ombudsman has a clear policy: workers who are visa holders have the right to complain without being automatically reported to immigration or having their visa affected. They actively protect those who report.
If you are worried about this, talk first to a community legal centre or a migration agent to understand it better.
For more, see the related guide on the law and your visa and why some legal issues should not be taken lightly.