Solving Problems

If something goes wrong in the workplace it is important that you know what to do.

What should my first steps be?

Make sure that you’re clear about what the problem or issue is.  It’s possible there could have been a misunderstanding.  Start by trying to resolve the problem by talking it over with your employer. If you do not feel comfortable doing this by yourself, maybe consider having someone assist you, like a parent or guardian. Click here for more information.

Can I have someone assist me when I talk to my boss?

Yes.  You can appoint anyone you wish to assist you with any dealings you have with your boss or supervisor.  This person can be your parent or guardian, a family friend, or anyone else that you know and trust.  You can also have a professional person like a union rep or a lawyer represent you.

Your representative can be a support person, but can also speak on your behalf if you are not confident of dealing with your boss yourself.  Having a representative may be especially useful when you are negotiating new terms and conditions of employment, or you are dealing with a problem or issue at work.  Your representative can help you understand the implications of any discussions you have with your boss.

How do I take matters further?

There are a variety of ways to resolve problems in the workplace, however which method is best depends on what the problem is.  For example, if your problem is about your holiday pay, then a Labour Inspector can assist.  However, if your problem is to do with a term or condition of your employment which is not covered by minimum standards legislation, then this can be resolved using mediation.

What is a Labour Inspector?

Labour inspectors work with employers and employees to make sure that minimum employment laws are applied properly in workplaces.  A labour inspector may investigate complaints about possible breaches of minimum entitlements, such as the minimum wage, holiday pay, wage deductions and parental leave, and enforce the law where there is non-compliance.

A Labour Inspector has the right to inspect and take copies of wages and time records, investigates cases impartially, and talks to all the parties, before making a decision. Labour inspectors also provide employees and employers with information and education to enable them to become compliant with the law; and assist employers to implement systems and practices in the workplace that comply with the minimum standards.  Labour inspectors can also seek a penalty against an employer who does not meet the requirements to put in place, and retain copies of individual employment agreements or terms and conditions of employment.

Labour inspectors cannot deal with general disputes about employment agreements, pay rates (outside the minimum wage) or anything above the other minimum standards (in those cases there are other problem resolution processes provided. Click here for information on resolving employment problems).

For more information about labour inspectors, click here.

What is mediation?

Mediation is the use of an independent person where a problem has emerged that employers and employees are unable to resolve themselves.  Mediators facilitate discussions between the parties and helping them to identify issues and potential solutions.  The aim of mediation is for the parties to resolve the matter by agreement.  Mediators are not advocates for either party - they are independent people committed to the process of problem resolution.
For more information about mediation click here.

Where can I get help and advice?

  • Other people - talking with other people will help you to work out the issues and a plan to solve them. People you know like your parents, your careers or guidance counsellor at school may be able to help you and offer to support you in meetings with your employer.
  • Look on the web – there’s the Department of Labour Employment Relations website. The YouthLaw website has a great section on dealing with employment issues for young people. You can also email or call YouthLaw’s free legal advice line. You can also check the Young Workers Resource Centre website and email them an employment question.
  • A Union - if you’re member of a union, contact them for advice and support.
  • Community advisors like the Citizens Advice Bureau or your local community law centre may also be able to offer you some good advice.
  • Call the Department of Labour’s Contact Centre on 0800 20 90 20 - the Contact Centre can tell you what steps you can take if you have a problem in the workplace.  Depending on what your problem is, they can also escalate this to either a Labour Inspector or mediator.