Each week, Dr Kirstin Ferguson tackles questions on workplace, career and leadership in her advice column Got a Minute? This week; the legality of “trial shifts”; a dismissive boss and toxic behaviour within a union.
My 17-year-old daughter is trying to find a part-time job. When she applies, they call her in for a three- to five-hour “trial” shift without pay, and then she never hears back from them. Is there a loophole in workplace laws that allows this? It is blatant abuse of free labour. I feel like naming and shaming on Facebook, so other teenagers are aware.
Short answer: no, this generally isn’t allowed – and your instincts are spot-on.
Unpaid trial work needs to be short and used to genuinely assess skills. For example, asking a teenager to clean cupboards, scrub shelves or wash windows for hours (and it isn’t a core part of the role they are applying for) isn’t a “trial”. It’s work. And work should be paid.
There’s no clever loophole that makes this acceptable. In fact, young workers are particularly vulnerable to this kind of exploitation because they’re keen, inexperienced and unlikely to push back. Employers like this are unlikely to be treating any of their employees with respect they deserve.
As for naming and shaming on Facebook, while it might feel satisfying, it can quickly get messy. A more effective option is to report the behaviour to the Fair Work Ombudsman, which takes unpaid trial work seriously and can investigate patterns with specific employers as well.
I have gained a lot of weight in recent years, which I am very self-conscious about. I had a medical test for my new role and the doctor noted my weight and BMI in large print on the medical form which was emailed to my workplace. My new boss saved the form in a shared, public folder and a copy was left on the printer for other staff to see. I am so upset. My boss was completely dismissive when I raised it, saying it wasn’t confidential information and I had got the job, so there wasn’t an issue. I feel like walking out. Am I making a big deal out of nothing?
You’re not overreacting – this was inappropriate and it shouldn’t have happened. Your weight and BMI are health information, which is highly sensitive personal information. Most workplaces understand this, which is why medical assessments are usually handled carefully and access is tightly restricted. Your manager’s response to your concerns makes the issue even worse, and he seems to have no idea of his obligations under our privacy laws.
If you want to take the matter further, you can raise this with HR and ask for the document to be removed from shared access and stored appropriately. If you have no success and want to understand your rights, the Fair Work Ombudsman or the Office of the Australian Information Commissioner can provide general guidance on workplace obligations around privacy and sensitive information as well.
As for walking out – there is no doubt this incident is a red flag regarding the competence of your boss. Hopefully if you raise it with someone else in the organisation, they can also help your boss understand why this matter is a legitimate concern and things will improve. If not, do what feels right for you. Take care.
I have been a union member all my life, diligently paying fees and not requiring their services. Recently, I have become victim to an online smear campaign within my union. Everyone at work knows me, and knows this to be untrue and knows our union can be very toxic and attack the reputation of anyone who questions anything. I want to remain part of our union but don’t want my mental health impacted like it has others. What do you suggest?
What you’re describing is a classic case of toxic behaviour, which unfortunately occurs in every institution, whether it is a large corporate business, government department or, in your case, within a union. In these kinds of cultures, when reputations are attacked publicly, the message to everyone else is clear: stay quiet or risk the same treatment.
It’s worth remembering that unions, like employers, have responsibilities. If behaviour crosses into harassment or causes harm, the Fair Work Ombudsman can provide general guidance, and state safety regulators may also be helpful where mental health is affected. Unions are not exempt from providing a safe place of work.
Staying in your union also doesn’t mean staying silent, but it may mean finding the most effective ways to exert real influence. Get involved in your local committee or campaign. If there are others in your union feeling the same way as you, it may be worth working together to see if you can drive change for the broader membership and help build the respectful union culture that everyone deserves.
To submit a question about work, careers or leadership, visit kirstinferguson.com/ask. You will not be asked to provide your name or any identifying information. Letters may be edited.
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Dr Kirstin Ferguson AM is the author of Blindspotting: How to See What Others Miss and Head & Heart: The Art of Modern Leadership. Kirstin is ranked in the world’s Thinkers50 list and holds a PhD in leadership and culture. www.kirstinferguson.com.Connect via X, Facebook or email.
