THE BALL’S IN YOUR COURT

WORKERS who are considering legal action against an employer should first try to solve their problem in-house and weigh up whether taking them to court is the best decision for their career.

Atkinson Vinden Lawyers managing partner Rod Berry says personality conflicts are the most common causes of workplace disputes. He advises workers who have an issue with their superior to be smart about the way they communicate their concerns.

“What is the long-term strategy here? If you want to progress in your career (at this company), you need to be careful about how you engage with your manager,” he says.

“They probably have more influence and sway in what the company will do.”

Berry recommends workers frame the issue so it comes across as less reactive and protective of themselves and more about the culture of the company.

“Go to someone more senior and say ‘I am having an issue with this person but want to do the right thing by the company. I understand the company’s values are this, this and this and I don’t think the person’s values align with that’,” he says.

“That way, you aren’t coming to the problem looking like you are hypersensitive or behaving dysfunctionally yourself.”

If the concern is a perceived unfair dismissal, however, it is likely too late for positive communication strategies.

More than 40 per cent of applications made to the Fair Work Commission are related to claims of unfair dismissals, a Cube Group report finds.

Berry says it is often worth bringing a case, even if the terminated worker does not wish to return to their employer.

“If you have been terminated rather than leaving on your own terms, you will have a question mark against you,” he says.

If a dismissal is deemed unfair, a worker may be awarded their job back or up to 26 weeks of wages.