Entitlements?

What do I do if my company doesn’t pay me my commission?

No bar to claiming unpaid commission if earning high income Regardless of whether an employee is a high income earner, they are entitled to recover any amounts owed to them relating to their employment.

Can I claim for an ‘incapacity’ under a workers compensation scheme even though I can still do some work?

If you suffer an injury at your work, you may still be entitled to receive WorkCover payments even if you are not totally incapacitated.

Is there a legal claim available for severe work-related stress?

Briefly, yes. Under Victoria’s WorkCover scheme you may be able to receive compensation for stress caused by your job, if the stress is serious enough to affect your ability to work.

Can I claim a redundancy if my employer is telling me that my position no longer exists?

There are a number of considerations to take into account in order to determine whether you are entitled to redundancy pay.

Can my employer reduce my remuneration in tough economic times?

Reducing remuneration of employees is one strategy that a company may employ in trying to deal with cash flow or profitability issues.

Will I qualify for redundancy entitlements if they are not mentioned in my employment contract?

If your contract of employment does not address the issue of redundancy, entitlement to a redundancy pay will not be implied as a term of your contract, and therefore cannot be contractually enforced.

Punishment by changing shifts?

I have a flexible working arrangement allowing me to work permanent night shifts to care for my children during the day.

What entitlements do I have as a freelance worker?

What entitlements do I have as a freelance worker? A freelancer is also known as an independent contractor for Australian taxation purposes.

I am on a 457 visa and have been dismissed from my employment. Can I bring a claim in the Fair Work Commission?

A Temporary Business (Long Stay) visa (457 Visa) allows skilled workers to be employed in Australia where they are sponsored by an Australian business.

How much notice am I entitled to under an Enterprise Agreement?

Enterprise Agreements are agreements made at enterprise level which contain terms and conditions for those national system employees to whom it applies.

What is the minimum wage for consulate employees?

Working in a consulate may not stop you from exercising Australian employment law rights, including access to the minimum wage.

What are the laws regarding costs of repairing company cars?

Your employer should not come running to you for the reimbursement of repair costs which the dealer claims are not covered under warranty. Where the dealer has provided the car with a warranty against defects the dealer must comply with the terms of this warranty.

Even if the defect is not claimable under the warranty, there are further protections under the Australian Consumer Law that apply to new and used vehicles sold to a consumer. This includes a guarantee that the car be fit for purpose and of an acceptable quality.