Sometimes it feels like you just aren't getting a fair go at work. It can be hard to tell if you are taking things the wrong way or if you are actually being treated unfairly. Understanding what unjustified disadvantage means can help you assess your situation and figure out what steps to take to address it.
What does unjustified disadvantage mean?
An unjustified disadvantage occurs when an employer's actions negatively impact an employee's employment conditions without a fair and reasonable justification.
This concept is designed to protect employees from unfair treatment that doesn't necessarily amount to dismissal but still adversely affects their work conditions, career progression, or overall well-being at work. For a claim of unjustified disadvantage to be valid, the following elements must typically be present:
Action by the Employer: The employer must have taken some action (or failed to take some action) that impacts the employee.
Disadvantage to the Employee: The action (or inaction) results in a real detriment to the employee's employment terms or conditions.
Lack of Justification: The employer's action (or inaction) wasn't fair or reasonable in the circumstances.
What does unjustified disadvantage look like?
Unjustified disadvantage can take various forms. Here are some common examples to illustrate how it might occur:
Changes to Job Responsibilities without Consultation
If an employee’s role or duties are significantly altered without proper consultation, this may constitute unjustified disadvantage. For instance, if an employee was hired to perform specific tasks but is suddenly assigned a different set of responsibilities without discussion or a role review, they could argue that they’ve been unfairly disadvantaged.
Unwarranted Reductions in Pay or Hours
Reducing an employee’s pay or hours without valid justification or proper consultation can also be grounds for an unjustified disadvantage claim. Employers need to ensure any adjustments to pay or hours align with legal and contractual obligations and should consult employees prior to making such changes.
Bullying or Harassment that Goes Unaddressed
If an employee is subject to bullying or harassment, and their employer fails to address it adequately, this can create an unsafe or hostile work environment, potentially leading to an unjustified disadvantage claim. Employers are legally obligated to provide a safe and healthy work environment, and inaction in the face of bullying can constitute a breach of this duty.
Unreasonable Performance Management
While employers can take reasonable steps to manage performance, unfair or excessively harsh performance management without justification can constitute unjustified disadvantage. If performance reviews are not conducted fairly, or if the employee is given unrealistic expectations, this could be seen as unreasonable treatment.
Unsafe or Unhealthy Working Conditions
Employers are responsible for ensuring safe and healthy work conditions. When employers fail to uphold health and safety standards, it can create an unjustified disadvantage, especially if the employee’s well-being or performance is impacted.
What can I do about it?
Employees experiencing what they believe to be an unjustified disadvantage should first raise the issue with their employer, either directly or through a formal grievance process. In some cases, issues can be resolved through open communication or mediation. If the situation isn’t resolved, employees may file a personal grievance within 90 days of the disadvantage occurring. If the matter cannot be resolved internally, the employee may proceed to the Employment Relations Authority, where both parties can present evidence.
If an employee’s claim of unjustified disadvantage is upheld, they may be entitled to various remedies, such as:
Compensation for financial loss or emotional distress resulting from the disadvantage
Reinstatement of previous conditions (for example, reversing a pay cut)
Correction of records related to performance management
Understanding unjustified disadvantage helps employees identify when their workplace conditions may have been unfairly impacted. If you believe you’ve been unfairly disadvantaged at work, don't navigate it alone. Contact Mathews Walker for a confidential consultation and let us help you achieve a fair resolution. mathewswalker.co.nz | 0800 612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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