Working in remote communities can be an incredible experience. It often means immersing yourself in a unique culture, building strong relationships, and making a real difference. But it’s no secret that remote work can also come with challenges, such as distance from support networks, limited resources, and sometimes, unfortunately, situations that put your safety at risk.
The below question had been posted online, and provides an opportunity to break down what rights and responsibilities employees have when it comes to dealing with a potentially unsafe work environment in a remote location.
“Husband and I are working a 1 year contract in a remote indigenous community. We have resigned as we have been continuously threatened and harassed for just under 6 months and today that escalated to physical violence. Our notice period is 6 weeks (as stated in our contract), but we absolutely do not feel safe staying another day in this community. These threats and harassment extend to after hours at the house we are staying as it is situated right behind the business we are running. Do we have any legs to stand on?”
Do You Have to Give Notice?
Many people assume they must work out their notice period, but that’s not always the case. Whether you need to give notice depends on:
- Your employment contract, or
- An award or enterprise agreement.
If you’re award-free and don’t have a written contract, you may not need to give any notice at all. And if you’re a casual employee, most of the time you can walk away without notice.
What If You Do Have a Notice Period?
Even if your contract says you need to give notice, the reality is that:
- Employers can’t force you to stay.
- The most they can usually do is deduct up to one week’s wages from your final pay (if allowed under the award).
- Technically, they could sue for breach of contract but that’s rare and usually not worth it.
And in situations like this example where the employer hasn’t provided a safe workplace? That’s a breach on their part. If they tried to take any action against you, you’d have a strong defence.
What Can You Do Instead?
If you want to protect yourself and minimise any risk:
- Give notice in writing but explain you can’t attend work until it’s safe.
If your contract requires a notice period, you can still meet your legal obligation without putting yourself at risk. The best approach is to send a formal resignation letter or email stating:
o That you are resigning and the date your notice period begins.
o The reason you cannot physically attend work, specifically, that the workplace is unsafe due to threats, harassment, or violence.
o That you are willing to remain employed during the notice period on paper but cannot return until the employer ensures a safe environment.
This approach shows you are acting in good faith and reduces the risk of wage deductions or claims of breach of contract. It also creates a clear record that your inability to attend work is due to safety concerns, not abandonment of your role. It’s also important to note that:
- If you’re unwell or suffering stress from the situation, you may be able to use personal leave (paid or unpaid) during the notice period.
- Keeping a record of everything is key – dates, times, what happened, and any complaints you made to your employer.
Employer’s Responsibility
Under Australian law, your employer must provide a safe and healthy workplace, both physically and psychologically. This also extends to staff accommodation. If they fail to do this, you can:
- Make a WorkSafe complaint about unsafe conditions.
- Explore claims like constructive dismissal, where the employer’s actions effectively ended your job.
- Consider a general protections claim if you were treated unfairly for raising safety concerns.
- Lodge a WorkCover claim if you’ve suffered a physical or psychological injury caused by the unsafe work environment. This can help cover medical costs, lost wages, and rehabilitation.
Key Takeaway
Employees are not required to remain in a workplace that poses a risk to their health or safety. Contractual notice periods do not override an employer’s legal obligation to provide a safe working environment. If safety concerns prevent you from completing your notice period, document the circumstances, communicate your position clearly in writing, and seek advice from relevant authorities or legal professionals. Your right to a safe workplace is protected under Australian law.
