Can You Sue Your Employer for Violating Workplace Rights?

February 19, 2026    Employment Lawyers
Can You Sue Your Employer for Violating Workplace Rights?

Understanding your workplace rights is especially important if you think that there’s something wrong with your employer’s behaviour. An employment lawyer Perth can help you take action against your employer, as long as they have violated your rights as set out by the Western Australian employment laws or the Fair Work Act 2009 (Cth). Perth employees possess strong rights such as unfair dismissal, underpayment of wages, discrimination and adverse action.

 

Being aware of what is considered a valid issue in the workplace and when to resort to other dispute resolution options can prove to be of immense relief in the outcome and your career.

 

Understanding Workplace Rights in Australia

In Australia, the concept of workplace rights is mostly governed under the Fair Work Act 2009 (Cth), and further specifications are made under the laws of Western Australia and the modern award. This is applicable to the majority of workers in Perth regardless of their full-time, part-time, or casual status. Such rights include minimum wage, leave, work safety, and freedom from discrimination or unfair termination.

 

But when such rights are not observed, legal solutions from workplace rights lawyers can be taken. Not every workplace conflict is brought before a court- an issue of contention, evidence, and the follow-up of the right procedures will all have a role to play.

 

Asking the Right Legal Questions

The majority of employees start by posing the question, “What are my workplace rights in Perth?” Your employment situation, your right to an award and the facts of your case will determine the answer.

 

It is crucial to obtain workplace rights legal advice in Perth because it is easy to get confused by making assumptions based on the laws or other sources that are not verified.

 

When Can You Sue Your Employer?

Your employer can be sued if they are contravening the Australian employment legislation. This is normally at a time when they have not been able to find a solution internally, or when the violation is so severe that it requires immediate help from an employment law lawyer in Perth in court.

 

Certain examples of this are:

  • Fired because of speaking out about an issue at work.
  • Continuous default in paying legally obligated wages.
  • Grave safety violations that lead to injury.

You should generally attempt to settle the matter before you bring your case to court by using the Fair Work Commission or mediation. A visit to the best employment lawyers’ Perth office can assist you in this regard.

 

The Impact of Evidence and Due Dates

Australia has a rigid deadline for the settlement of workplace disputes. As an example, unfair dismissal cases have to be filed within the next 21 days of your termination. Your employment contract, pay slips, emails and witness statements are examples of paperwork that can go a long way in supporting your case.

 

Before moving any further, you can have an employment rights lawyer Perth examine whether your evidence is legally adequate and whether your case has a reasonable chance of success.

 

Steps to Sue Your Employer

To file a complaint against your employer for a violation of rights in the Australian workplace, you have to follow a certain legal procedure.

  • Identify the breach: Identify the violation, which could be unfair dismissal, underpayment, discrimination, or adverse action in Australian law.
  • Collect evidence: Collect evidence, which may include contracts, pay slips, emails, rosters, and termination papers.
  • Consult a lawyer: A lawyer or an advisor will be able to help you to evaluate the legitimacy of your claim and eliminate the possibility of committing errors.
  • Bring a case to Fair Work: The initial step to take before the court is to make a claim at the Fair Work Commission through conciliation.
  • Go to court as a last resort: In case the issue is not resolved, it can be taken to the Federal Courts to seek relief.

 

Alternative Courses of Action Other Than a Court Case

Not every conflict at the workplace always results in a lawsuit. The disputes in Australia are solved by:

  • Fair Work Commission conciliation.
  • The negotiated settlements or mediation.
  • Notices of compliance or binding undertakings.

These are the first options, which a workplace rights legal advice Perth expert will consider because finding the best possible outcome that fulfils your rights and has the least effect on your working life.

 

Conclusion

An employer can be sued for violating their workplace rights in Australia, but this should be closely evaluated in terms of the law, good evidence and promptness. It can be a dismissal, payment or treatment disagreement; whatever it may be, it is important to know your rights at the very beginning.

 

A well-established employment law firm in Perth can advise you to make sound decisions, establish your legal status, and get a positive result that considers your rights and your long-term goals.

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