Fair Work Act 2009
The Fair Work Act 2009 (Cth) and the Equal Opportunity Act 2010 (Vic) prevents employers from discriminating against employees based on protected attributes. Whilst the list of protected attributes is exhaustive, neither of these legislations include the holding of a Criminal Record as a protected attribute, making criminal record holders particularly vulnerable during employment processes.
I have been dismissed by my employer and have a strict restraint of trade clause. Does this clause still apply?
A restraint of trade clause will only apply to you if your employer can establish that it is ‘reasonable’. For the restraint to be ‘reasonable’ your employer must show that the restraint of trade clause is reasonably necessary to protect a legitimate interest of the employer’s business.
It is common to interact with work colleagues on social media, but these interactions are not always friendly. If you are being bullied or harassed on social media by your colleagues, you may be entitled to lodge a stop bullying claim with The Fair Work Commission, under the Fair Work Act 2009 (Cth).