Workplace Issues

Flexible working arrangements: Did your employer genuinely try to reach an agreement?

Can a prospective employer contact my current employer without my consent?

Defamatory Comments – Employee Perspective and Employer’s Defences

Do Unions always get it right?

Can I be barred from working in the disability sector by my employer?

Can my employer request that I work more than 38 hours per week?

It is common for an employer to request that an employee work additional hours. However, an employee has a right to question whether the unpaid overtime is necessary and legal.

Do I have a right to take time off for a cultural or religious holiday if the day is not recognised as a public holiday?

There are many religious or cultural holidays observed in Australia that are not recognised as public holidays. This may mean that employees are wanting to take leave so that they can participate in a religious or cultural celebration or event

What is workplace burnout and what can I do about it?

Workplace burnout first emerged in 1970 to describe severe ongoing stress among human services workers but has been since been broadened in the last quarter century to include all occupations. Workplace burnout is considered an erosion of a positive psychological state.

The Royal Commission into the Banking and Finance industry has threatened my job security. What are my rights?

In the wake of the Royal Commission into the Banking and Finance Sector there has been a number of employees who have either resigned or been terminated due to misconduct. However, it is not only those caught up in the commission who are being affected. Some employees may find that their jobs are at risk either by way of redundancy or that they are performance managed out in order for the employer to avoid paying redundancy.

My job has been automated and I no longer have a role, what are my rights?

 Where there has been a change in ‘operational requirements’, and your job is no longer required to be performed, your position becomes redundant. A change in operations requirements include circumstance in which a machine is available to do the job that was performed by you.

I have received a first and final warning, aren’t I meant to get three warnings before my employer can dismiss me?

What is the purpose of a warning?

The purpose of a warning is to inform an employee that his or her work performance or conduct is unsatisfactory and the performance or conduct in issue needs to improve.

However, there is no requirement for an employer to provide an employee with three warnings, or even one warning before terminating their employment.

I have been placed on a PIP and have been given unachievable targets. I feel like I have been set up to fail. What are my rights?

Performance Improvement Plans and the Fair Work Act 2009 (Cth):

Occasionally employees find themselves in a situation whereby their employer places them on a Performance Improvement Plan or PIP. While the Fair Work Act 2009 (Cth) does not provide for PIP’s directly, you may be protected in the event of an unfair dismissal,[1] and other workplace rights such as making a complaint or inquiry in relation to your employment.[2]