Most Recent Q&As
My employer has made allegations against me but has only given me a limited time to respond. Do I have to respond within their deadline?
At common law, employers are not under an obligation to conduct workplace investigations in a manner that is fair or reasonable: see Commonwealth Bank v Barker (2014). Despite this, the law does provide workers with very powerful protections against the unreasonable and capricious demands of their employers. Therefore an employee has to be very careful how he/she participates.
What can I do if I am unhappy with a decision made by a member of the Fair Work Commission i.e extension of time hearing or arbitration?
There are many barriers to an appeal even in the best case. For starters, there is no automatic right to appeal. A person aggrieved by a decision of a member of the Fair Work Commission must first seek leave in order to bring an appeal before the Appeal Bench. Applications for leave to appeal must be brought within a 21 day time limit.