I recorded my termination meeting because I was fearful that the employer would say that I resigned and was not sacked if I later brought an unfair dismissal claim.
Most Popular Q&As
I have been given a warning letter I do not agree with. Do I have to sign it and how I do contest it?
You are not required to sign a warning letter and you should certainly not do so if you consider the warning to be unjust or unreasonable.
If an employer is seeking to change your working hours, they must ensure they are acting within the confines of the law. This includes adhering to contractual obligations, engaging in appropriate consultation and ensuring that the change is not a result of any discriminatory reasons.
Garden leave is the colloquial term used where an employer does not require you to attend the workplace but will still pay your usual remuneration during the period of garden leave. You remain an employee throughout the period of garden leave.
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.
You might be bullied at work because you have a personality conflict with a fellow employee or a manager.
ASIC and the Corporations Act 2001 (Cth) If you decide to create a company in Australia, it is governed by the Corporations Act 2001 (Cth).
Typically, an employment agreement exists between an employer and an employee, whether it is an oral or written contract. Employment terms can otherwise be found in awards or enterprise agreements.
Resignation is a termination of the employment agreement at the initiative of the employee. A resignation will be valid where there is an unequivocal intention by the employee to no longer be bound by the employment agreement. This is best effected in writing and with appropriate notice as required by the agreement or industrial instrument.
Advances in modern technology make it extremely easy to covertly record conversations in the workplace with managers or other employees. The Surveillance Devices Act 1999 (Vic) and other legal precedence set limitations on when recordings can be used to support an employee’s case.
It is common for employment contracts to include a clause that an employee may be expected to work ‘reasonable overtime’ at no extra cost to the employer and without overtime rates. In many Modern Awards, the employee’s “ordinary hours of work” refers to their typical hours of work.
You may have been employed by your employer for a long period of time and feel that you are valued. On this basis, you may feel that your position is not under threat.