Employees in all industries have the right to a safe working environment, free from discrimination based on age, gender, ethnicity, marital status etc.
It is unlawful for an employer to take adverse action against an employee on the basis of any of these attributes.
In an age where employers are becoming increasingly cost-focussed in the face of economic stagnation and narrowing profit margins, employees are often made redundant in an attempt to save on wage costs.
In the modern era, having the power to freedom of speech is a hot topic. Free speech is considered the most precious of rights and allows a person to communicate ideas and opinions in the form of speaking, writing or printing but can it be abused?
Redundancy is a far more complex concept than most people know. Even judges get it wrong. There is no substitute for sound legal advice but here is a start.
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.
In today’s society, the work force is increasingly transient, and individuals routinely change jobs as well as career paths. Indeed, the Bureau of Labour Statistics reports that on average, an individual will change jobs between 10 and 15 times throughout their working life. In such a climate, it can be difficult navigating the uncertain realm of when to rely on the offer of new employment and resign from previous employment.
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:
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.
Your rights as a foreign worker
Foreign workers include seasonal workers, ‘backpackers’ and international students. Foreign workers do not include Australia citizens or permanent residents.
In Australia, foreign workers have the same entitlements to pay and conditions as Australia workers do.
What is whistleblowing?
There is no universally accepted definition of whistleblowing. The term is typically used to describe the conduct of an employee who reveals information about an improper or detrimental act committed by their employer or colleague.
When trying to fill a vacant role it is common for employers to want to present the opportunity in only the most favourable light. Poaching an employee from a competitor with outlandish promises might be tempting. What are the consequences? The potential legal issues in doing so were recently considered by a judge of the Federal Court of Australia in a case raised by McDonald Murholme Solicitors for Ms ‘R’.
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.
Is a 6 month notice period reasonable?
If the notice period is contained within your contract, then you may be under a contractual obligation to provide that amount of notice. However, it is important to check your Award.
This is your best guide to the complex Fair Work Act. It makes navigating the act easy.
Everyone's situation is different but...
Fair Work Act 2009 - protection and compensation
Read how this act applies to your situation.
Dealing with misleading conduct by your employer
The Competition and Consumer Act plays an important role...
See a list of courts and other institutions.
