General Protections

Employment Lawyers
8234 views

Should I lodge a General Protections or Unfair Dismissal?

Many unrepresented employees contact the Fair Work Commission assuming that it will give them free legal advice. It does not. It does provide sound information usually about an Unfair Dismissal claim and how to make an Unfair Dismissal claim.

 

Unfair Dismissal Lawyers
12237 views

I have been pulled into disciplinary meeting whilst on sick leave. Am I required to attend?

Find out your sick leave entitlements, and when disciplinary actions during sick leave are lawful.

What rights do I have if I’m a high income employee who has been unfairly dismissed?
10014 views

What rights do I have if I’m a high income employee who has been unfairly dismissed?

Under the Fair Work Act 2009 (Cth), a high income employee is classified as someone whose pro-rata employment salary is equal to or above the high income threshold.

Workspace Lawyers
13690 views

Is my support person allowed to speak or act on my behalf during a disciplinary meeting?

As an employee you are entitled to have a support person at a disciplinary meeting.  This entitlement also extends to a performance management or investigatory meeting.  In fact, the failure by an employer to allow you to have a support person present may result or add weight in a dismissal in relation to that meeting being deemed unfair due to the lack of procedural fairness.

I did not sign an employment contract, what rights do I have?
40182 views

I did not sign an employment contract, what rights do I have?

You still have extensive rights and responsibilities as an employee, even if you have never signed an employment contract. The terms and conditions of your employment can be found in 4 places:

  • The National Employment Standards in the Fair Work Act 2009 (Cth);
  • Any applicable industry modern award;
  • An employer-specific enterprise bargaining agreement; and/or
  • Rights under other pieces of legislation.
I’m a soon-to-be dad – can I take parental leave?
7795 views

I’m a soon-to-be dad – can I take parental leave?

It is common practice for pregnant women in the workforce to take maternity leave for an unpaid period of up to 12 months. However, it is often forgotten that men are equally entitled to take paternity or partner leave.

Male employees frequently encounter resistance when seeking to exercise their workplace right to take parental leave. This resistance largely stems from archaic societal expectations of gender roles, where men were traditionally considered the ‘breadwinners’ and women were considered responsible for looking after the children at home. As our society continues to evolve, it has become conventional for men to play a more active role in raising their children and exercise their workplace right to take parental leave.

My employer expects that I work from home whilst on sick leave – what can I do?
23602 views

My employer expects that I work from home whilst on sick leave – what can I do?

In today’s economy, employers constantly strive for higher productivity and efficiency in the workplace. Whilst this is critical to the success of the business, it may often have a detrimental impact on its employees where this push for productivity impinges on the workplace rights of employees.

Is it legal for my company to install a monitoring service on my computer?
13234 views

Is it legal for my company to install a monitoring service on my computer?

Technology in the Workplace

In the modern workplace, technology can significantly contribute to business productivity and efficiency, as well as increased flexibility with respect to employees’ work schedules.

Nevertheless, the presence of technology in the workplace has the potential to hinder productivity insofar as employees are accessing their private email and social media accounts during working hours.

Can I go to the Fair Work Tribunal because I've been badly treated but not yet dismissed?
5872 views

Can I go to the Fair Work Tribunal because I’ve been badly treated but not yet dismissed?

You may make a general protections application Form F8C even when you have not been dismissed from your employment (section 372). Unlike unfair dismissal, you are protected from adverse action even if you are not an employee.

What can I claim in a general protections application (not involving dismissal)?
9464 views

What can I claim in a general protections application (not involving dismissal)?

If your employer takes adverse action against you in contravention of a general protections, they may be found to have breached a civil remedy provision, which may make them liable to pay a penalty.

User Guide to the Fair Work Act

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Fair Work Act 2009 - protection and compensation

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